Kim (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Kim for a Visitor (Class FA) visa, subclass 600. The dispute concerned whether Mr Kim met the criteria for this visa, with the Tribunal ultimately remitting the application for reconsideration.

The primary legal issue before the Tribunal was whether Mr Kim satisfied the criteria for a Subclass 600 visa, specifically cl.600.213 of Schedule 2 to the Regulations. The Tribunal was required to determine if the evidence before it was sufficient to grant the visa, or if further reconsideration was necessary.

In reaching its decision, the Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material already provided, 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 specified criteria for the visa.