Gilmour (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking review of a decision concerning a Subclass 462 (Work and Holiday) visa. The applicant had sought to demonstrate that they had carried out specified work, a requirement for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 462 visa, specifically clause 462.218(c) of Schedule 2 to the Regulations, in light of new evidence. The Tribunal was required to determine if this new evidence, when considered alongside the existing material, was sufficient to establish that the applicant met the relevant visa requirements.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, 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.