Yan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant, Yan, sought review of a decision concerning their eligibility for this visa. The AAT Member, Mary Sheargold, ultimately remitted the application for reconsideration.

The central legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 485 visa, particularly in light of information regarding their criminal history, which was evidenced by a national police certificate. The Tribunal was required to determine if a hearing was necessary to resolve this matter or if the decision could be made based on the existing material.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material 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 criteria specified in Regulation 2.03AA(2)(a) of the *Migration Regulations 1994* (Cth).