Vistan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to the character test requirements.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, particularly concerning the character requirements as stipulated by Public Interest Criterion 4001 and clause 485.216 of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the applicant had provided a statement from an appropriate authority, such as an Australian Federal Police National Police Certificate, that satisfied the character test.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing documentation. Pursuant to section 360(2)(a) of the Migration Act 1958, the Tribunal remitted the application for reconsideration. The direction was that the applicant be found to meet the specified criteria for the Subclass 485 visa, including Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and clause 485.216 of Schedule 2 to the Regulations.