Alhaj Ahmad (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse), made by Alhaj Ahmad. The central dispute revolved around the withdrawal of sponsorship and the applicant's subsequent entitlement to respond to information considered by the Tribunal.

The Tribunal was required to determine whether the applicant had been afforded a proper opportunity to comment on information that was adverse to their application, specifically in light of the sponsor's withdrawal. This involved considering the procedural fairness obligations of the Tribunal when dealing with such information and the validity of a certificate issued under s375A of the Migration Act 1958 (Cth).

The Senior Member found that the applicant had not been provided with a sufficient opportunity to respond to the information concerning the sponsorship withdrawal. Consequently, the Tribunal concluded that the applicant could not satisfy the criteria for the visa, specifically cl.100.221, as they had been denied procedural fairness. The Tribunal affirmed the decision not to grant the visa.