Van Dooren (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) regarding a Temporary Activity (Class GG) visa, Subclass 408. The applicant, Mr Van Dooren, sought review of the AAT's decision.

The primary legal issue before the AAT was whether Mr Van Dooren met the criteria for a Subclass 408 visa, specifically in relation to his criminal history, as evidenced by an Australian Federal Police National Police Certificate provided during the review process.

The AAT determined that a hearing was not necessary, as it could find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the AAT remitted the application for reconsideration with a direction that the applicant met the criteria specified in cl 408.216 of Schedule 2 to the *Migration Regulations 1994* (Cth).