Riyas (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning a Subclass 485 (Temporary Graduate) visa. The applicant was a dependent of the primary visa applicant, and the dispute centred on whether the applicant met the criteria for inclusion as a member of a family unit.

The primary legal issue before the Tribunal was whether the applicant, as a dependent, satisfied the requirements of clause 485.311 of Schedule 2 to the *Migration Regulations 1994* (Cth) to be considered a member of the family unit for the purposes of the visa application.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing documentation. Applying section 360(2)(a) of the *Migration Act 1958* (Cth), the Tribunal found in favour of the applicant. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.