Vidane Henayalage (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Vidane Henayalage concerning a Subclass 600 (Visitor) visa. The core of the dispute revolved around whether the applicant satisfied the character requirements for the visa, specifically in relation to a statement from an appropriate authority, the Australian Federal Police, regarding criminal history.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 600 visa, particularly clause 600.213(1) of Schedule 2 to the Regulations, which pertains to character. This involved assessing the adequacy of the information before the Tribunal regarding the applicant's criminal history, as evidenced by a statement from the Australian Federal Police.

In its reasoning, the Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the visa.