PULMA (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 802 (Child) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether it had erred in its decision-making process by not holding a hearing, despite having sufficient material to make a favourable finding for the applicant under section 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal also had to consider the applicant's compliance with criterion cl 802.223(a) of Schedule 2 to the Migration Regulations 1994 (Cth).

The Tribunal acknowledged that it had made a decision without a hearing, believing the available material was sufficient to grant the visa. However, upon reconsideration, the Tribunal determined that the matter should be remitted for further consideration. The Tribunal directed that the applicant be found to meet the criteria for a Subclass 802 visa, specifically cl 802.223(a) of Schedule 2 to the Regulations.