NGUYEN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The dispute involved secondary applicants who were over 18 years of age and claimed dependency on the family head, asserting they were undertaking full-time vocational study and receiving financial support.

The primary legal issue before the Tribunal was whether the secondary applicants met the criteria for the Subclass 309 visa, specifically in relation to their dependency on the family head, given their age and circumstances of vocational study and financial support. The Tribunal was required to determine if the material before it was sufficient to grant the visa or if further consideration was necessary.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicants based on the existing material, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). However, the Tribunal ultimately remitted the application for reconsideration. This reconsideration was to be conducted with a direction that the applicants meet the criteria specified in cl 309.321 of Schedule 2 to the *Migration Regulations 1994* (Cth).