El Ayoubi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by El Ayoubi for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant had provided police clearance information as part of their application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the subclass 820 visa, specifically cl.820.223 of Schedule 2 to the Regulations. The Tribunal was required to determine if it could make a favourable decision based on the existing material without 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 a direction that the applicant meets the criteria specified in cl.820.223 of Schedule 2 to the Regulations.