Chhetri (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 485 (Temporary Graduate) visa by Mr. Chhetri and his family members. The dispute arose when the Tribunal, in its initial assessment, determined that a hearing was not necessary to decide the application, believing it could make a favourable decision based on the existing material.

The primary legal issue before the Tribunal was whether it had correctly applied section 360(2)(a) of the *Migration Act 1958* (Cth) in dispensing with a hearing. This section allows the Tribunal to make a decision without a hearing if it is satisfied that the decision can be made in favour of the applicant based on the information before it. The Tribunal also had to consider the criteria for the Subclass 485 visa, specifically Regulation 2.003AA(2)(a) and clause 485.216(1) of Schedule 2 to the *Migration Regulations 1994* (Cth), in relation to Public Interest Criterion 4001.

The Tribunal acknowledged that it had made a decision without a hearing, pursuant to section 360(2)(a) of the Act. However, upon reconsideration, the Tribunal determined that the application should be remitted for reconsideration. The Tribunal directed that the first applicant, Mr. Chhetri, met the specified criteria for the Subclass 485 visa.