Vasantharajan (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Graduate visa (Subclass 485) by Miss Vasantharajan. The dispute concerned whether Miss Vasantharajan met the character requirements for the visa, specifically in relation to Public Interest Criterion 4001.

The primary legal issue before the Tribunal was whether the applicant satisfied the character requirements as stipulated in clause 485.216(1) of Schedule 2 to the Migration Regulations 1994, given the submission of a new Australian Federal Police (AFP) Certificate.

The Tribunal's reasoning was based on the receipt of an AFP Certificate dated 9 January 2019, which indicated no criminal record for the applicant. In light of this new evidence, the Tribunal was satisfied that the character criterion was met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal ordered that the application be remitted for reconsideration, with the direction that the applicant meets the criteria for a Subclass 485 visa, specifically Public Interest Criterion 4001.