Virk (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Virk for a Subclass 485 (Temporary Graduate) visa. The primary dispute concerned whether Mr Virk met the character requirements for the visa, with evidence of a criminal history having been provided.

The AAT was required to determine whether Mr Virk satisfied the character test as prescribed by the Migration Regulations 1994 (Cth). Specifically, the Tribunal needed to assess the impact of his criminal history on his eligibility for the visa.

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 s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr Virk met the criteria for the visa, including cl 485.216 of Schedule 2 to the Regulations.