Truong (Migration)

The Administrative Appeals Tribunal considered the applications of Mr Truong and Mrs Nguyen for a Temporary Activity (Class GG) visa, Subclass 408. The primary dispute concerned whether Mr Truong met the character requirements for the visa, specifically in relation to providing a statement from an appropriate authority, which in this instance was a National Police Certificate with an AFP Police Check.

The Tribunal was required to determine whether Mr Truong satisfied the criteria for the Subclass 408 visa, particularly clause 408.216 of Schedule 2 to the Regulations, which pertains to character. Additionally, the Tribunal had to ascertain its jurisdiction concerning Mrs Nguyen's application.

The Tribunal found that Mr Truong met the relevant criteria for the Subclass 408 visa. However, it determined that no decision had been made in respect of Mrs Nguyen's application, meaning the Tribunal lacked jurisdiction to review her matter. Consequently, the Tribunal remitted Mr Truong's application for reconsideration with the direction that he meets the specified visa criteria.