YOUNG (Migration)

The applicant, Young, sought review of a decision concerning their application for a Temporary Activity visa (Subclass 408). The dispute centred on whether the applicant met the criteria for this visa, specifically in relation to a police clearance certificate provided from the United Kingdom, which indicated no record of criminal offences in the applicant's name. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria for a Subclass 408 visa, as stipulated in cl 408.216 of Schedule 2 to the Regulations. This involved assessing the adequacy and relevance of the provided Australian Federal Police (AFP) National Police Clearance and the UK police clearance in establishing the applicant's eligibility.

The Tribunal found that a hearing was not necessary, as it could determine the matter in favour of the applicant based on the existing material. Pursuant to s 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal remitted the application for reconsideration. The direction was that the applicant meets the criteria for a Subclass 408 visa, specifically cl 408.216 of Schedule 2 to the Regulations.