Sugur (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Sugur for a Subclass 485 (Temporary Graduate) visa. The dispute arose because Ms. Sugur was seeking to be recognised as a member of the family unit of a person who held a Subclass 485 visa, which had been extended.

The primary legal issue before the Tribunal was whether Ms. Sugur met the criteria for a Subclass 485 visa as a member of the family unit of a Subclass 485 visa holder, specifically in light of cl 485.311 of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant 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 criteria for a Subclass 485 visa as specified in cl 485.311 of Schedule 2 to the Regulations.