Tseng (Migration)

The Administrative Appeals Tribunal considered an application by Tseng concerning a Temporary Activity (Class GG) visa, Subclass 408. The dispute centred on whether Tseng met the character requirements for the visa, specifically in relation to a statement from an appropriate authority, such as a National Police Certificate, which indicated no disclosable court outcomes.

The primary legal issue before the Tribunal was whether Tseng satisfied public interest criterion 4001 for the purposes of clause 408.216 of Schedule 2 to the *Migration Regulations 1994*. This criterion relates to the applicant's character.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material before it, pursuant to section 360(2)(a) of the *Migration Act 1958*. Consequently, the Tribunal remitted the application for reconsideration with a direction that Tseng met the character requirements.