Ventura (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 600 (Visitor) visa. The applicant sought review of a decision concerning the character test requirements for this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the character requirements as stipulated by the Migration Regulations. Specifically, the Tribunal had to determine if the applicant had provided a statement from an appropriate authority, such as an Australian Federal Police certificate or a criminal records check from the Philippines, that adequately addressed the character provisions.

The Tribunal found that it was able to determine the application in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). It concluded that the applicant met the criteria for the Subclass 600 visa as set out in clause 600.213(1) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets these criteria.