Mohamed (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant's criminal history was a significant factor in the assessment of their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 820 visa, specifically in light of their criminal history. The Tribunal was required to determine if the available evidence was sufficient to grant the visa or if further consideration was necessary.

The Tribunal determined that a hearing was not required, as it could make a favourable finding for the applicant based on the existing material, 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 criteria specified in clause 820.223 of Schedule 2 to the *Migration Regulations 1994* (Cth).