Pham (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Pham for a Partner (Temporary) (Class UK) visa, Subclass 820. The core of the dispute concerned whether Ms. Pham had established a genuine spousal relationship as required for the visa.

The Tribunal was required to determine whether it was necessary to hold a hearing to assess the applicant's eligibility for the visa. The Tribunal also had to consider the criteria under cl 820.211(2)(a) and cl 820.221 of Schedule 2 to the Regulations.

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 before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms. Pham met the specified criteria for the Subclass 820 visa.