Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Wang for a Subclass 485 (Temporary Graduate) visa. The dispute concerned the AAT's decision-making process in relation to Mr Wang's criminal history, specifically a national police certificate provided to the Tribunal which indicated no disclosable court outcomes.

The primary legal issue before the Tribunal was whether it had made a decision without a hearing when such a hearing might have been necessary, and whether the applicant met the criteria for the visa under cl 485.213 of Schedule 2 to the Regulations.

The Tribunal acknowledged that it had initially determined a hearing was not necessary, as it believed it could find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). However, upon reconsideration, the Tribunal remitted the application for further consideration.

The Tribunal directed that the applicant be found to meet the criteria for a Subclass 485 visa.