Udugama Gamage (Migration)

The Administrative Appeals Tribunal considered an application by Udugama Gamage concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on the applicant's criminal history and the adequacy of the documentation provided, specifically a National Police Certificate.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, particularly in light of their criminal history and the information available to the decision-maker. This involved assessing the applicant's compliance with Public Interest Criterion 4001 and clause 485.216(1) of Schedule 2 to the Migration Regulations.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material. Applying section 360(2)(a) of the Migration Act 1958, the Tribunal found in favour of the applicant. The Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the specified visa criteria.