Chen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Chen concerning a Subclass 143 visa. The dispute centred on whether Ms. Chen met the criteria for this visa subclass.

The primary legal issue before the Tribunal was to determine if Ms. Chen satisfied the requirements of clause 143.228 of Schedule 2 to the Migration Regulations 1994.

The Tribunal found that it was able to determine the application in favour of the applicant based on the existing material, without the need for a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms. Chen meets the specified criteria for the Subclass 143 visa.