Vijay Kumar (Migration)

This matter concerned an application for review of a decision relating to a Temporary Activity visa (Subclass 408). The applicant, Vijay Kumar, had provided an AFP National Police Clearance as part of their application. The Administrative Appeals Tribunal, constituted by Member Angela Julian-Armitage, was tasked with determining the merits of the application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 408 visa, specifically in relation to cl 408.216 of Schedule 2 to the Regulations. The Tribunal was required to assess the provided documentation and determine if further information or a hearing was necessary to reach a decision.

The Tribunal determined that a hearing was not required, as it was able to find in favour of the applicant based on the material already before it, pursuant to s 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 Subclass 408 visa.