Lee (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by a New Zealand citizen seeking a Subclass 461 (New Zealand Citizen (Family Relationship) (Temporary)) visa. The applicant had provided police clearance certificates from Australia and Korea.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 461 visa, specifically in relation to cl 461.223 of Schedule 2 to the *Migration Regulations 1994* (Cth).

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicant based on the existing material, 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 visa criteria.