Yao (Migration)

This matter concerned an application for a Subclass 888 (Business Innovation and Investment (Permanent)) visa. The applicant, referred to as Yao, sought review of a decision concerning their eligibility for this visa, specifically in relation to evidence of criminal history and an Australian Federal Police Check. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 888 visa, particularly in light of their criminal history. The Tribunal was required to determine if the available evidence, including the Australian Federal Police Check, supported the applicant's claim to meet the relevant visa requirements.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration. The direction for reconsideration was that the first applicant was found to meet the criteria specified in clause 888.215 and clause 888.311 of Schedule 2 to the Migration Regulations 1994 (Cth).