Chen (Migration)

The Administrative Appeals Tribunal considered an application by Ms Chen for a Subclass 115 (Remaining Relative) visa. The dispute concerned the sufficiency of evidence provided to support the sponsorship requirements for this visa class.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 115 visa, specifically in relation to the sponsorship requirements, and whether a hearing was necessary to make this determination.

The Tribunal found that it was able to reach a favourable decision for the applicant based on the material before it, without the need for a hearing, pursuant to s 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 criteria under cl 115.222 of Schedule 2 to the Migration Regulations 1994 (Cth).