TRAKARNJAN (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by the applicants. The dispute concerned the Tribunal's decision-making process in relation to the applicants' criminal history statements and the subsequent determination of whether a hearing was necessary.

The primary legal issue before the Tribunal was whether it had erred in its decision not to hold a hearing, despite having the power to do so under section 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal was required to determine if the material before it was sufficient to make a favourable decision without a hearing, and if not, whether the matter should be remitted for reconsideration.

The Tribunal acknowledged that it had the discretion to dispense with a hearing if it was satisfied that it could make a decision in favour of the applicants based on the available material. However, in this instance, the Tribunal determined that it had not been able to make such a favourable finding on the basis of the material before it. Consequently, the Tribunal remitted the application for reconsideration. The Tribunal directed that upon reconsideration, the first and second applicants should be found to meet Public Interest Criterion 4001, as prescribed in regulation 2.03AA(2).