Kaur (Migration)

The Administrative Appeals Tribunal considered an application by Ms Kaur for a Partner (Temporary) (Class UK) visa, Subclass 820. The primary issue before the Tribunal concerned a sponsorship limitation that applied to Ms Kaur, arising from a previous visa application made less than five years prior to her current application.

The Tribunal was required to determine whether Ms Kaur met the criteria for the Subclass 820 visa, specifically in light of the sponsorship limitation. The Tribunal also had to consider whether a hearing was necessary to make this determination, or if it could decide the matter based on the existing material.

The Tribunal found that a hearing was not necessary, as it was able to determine the application in favour of Ms Kaur based on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal therefore remitted the application for reconsideration, with a direction that Ms Kaur meets the criteria for the visa, including those specified in cl 820.221 of Schedule 2 to the Migration Regulations 1994 (Cth).