Chan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100, made by the applicant, Chan. The AAT was tasked with reviewing a decision concerning this visa application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 100 visa, specifically in relation to cl 309.213 of Schedule 2 to the Regulations. The Tribunal was required to determine if it could make a decision in favour of the applicant based on the existing material, without the necessity of a hearing.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant on the basis of 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 the direction that the applicant meets the criteria for a Subclass 100 visa as specified in cl 309.213 of Schedule 2 to the Regulations.