Sesay (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant's eligibility for the visa was in question due to their criminal history. An updated Australian Federal Police National Police Certificate was provided during the review process.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 309 visa, specifically in light of their criminal history and the subsequent provision of updated information. The Tribunal was required to determine if the material before it was sufficient to make a decision without a hearing.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant 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 first applicant meets the criteria under cl 309.222 of Schedule 2 to the Migration Regulations 1994 (Cth).