Katyara (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by applicants who were seeking review of a decision concerning their eligibility. The primary issue before the Tribunal was whether the applicants were genuine temporary entrants.

The Tribunal was required to determine whether the applicants met the criteria for a Subclass 600 visa, specifically in relation to being genuine temporary entrants. The Tribunal also had to consider whether a hearing was necessary for the determination of the application.

The Tribunal found that it was able to determine the application in favour of the applicants without holding 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 applicants meet the criteria specified in cl 600.232(1) and (2) of Schedule 2 to the Migration Regulations 1994 (Cth). The Tribunal limited its findings to this specific criterion, making no determinations on any other criteria for the Subclass 600 visa.