Pan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically in relation to clause 485.224 of Schedule 2 to the Regulations. The Tribunal was required to determine if a hearing was necessary to make this assessment.

The Tribunal found that it was able to determine the applicant met the relevant criteria without holding a hearing, 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 specified criteria.