Chen (Migration)

The Administrative Appeals Tribunal considered an application by a New Zealand citizen seeking a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa. The applicant's case was before the Tribunal for review.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 461 visa, specifically clause 461.223 of Schedule 2 to the *Migration Regulations 1994* (Cth). The Tribunal was required to determine if the evidence before it was sufficient to grant the visa.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material presented, pursuant to section 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 specified criteria for the visa.