Recaborda (Migration)

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

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 802 visa, specifically in relation to cl.802.226 of Schedule 2 to the Regulations. This involved assessing the applicant and her partner's criminal history, for which no adverse records were presented.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material. Pursuant to s.360(2)(a) of the Migration Act 1958 (Cth), the Tribunal remitted the application for reconsideration. The direction was that the applicant meets the relevant visa criteria.