PHENG (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Provisional) visa (Subclass 309). The applicants sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicants had complied with the requirements of section 257A of the *Migration Act 1958* (Cth), which pertains to the provision of personal identifiers, specifically biometrics.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicants 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 visa applicants had complied with the requirements of section 257A.