Pop (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804. The applicant sought review of a decision concerning their visa application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the subclass 804 visa, specifically in light of new evidence received after the initial decision. The Tribunal was required to determine if a hearing was necessary for its reconsideration.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, 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 804.224 of Schedule 2 to the *Migration Regulations 1994* (Cth).