Surjit Singh (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the application of Surjit Singh for a Partner (Residence) (Class BS) visa, Subclass 801 (Partner). The central dispute concerned whether Mr Singh had established a genuine spousal relationship as required for the visa.

The Tribunal was required to determine whether it was necessary to hold a hearing to assess the applicant's eligibility for the visa. The Tribunal also had to consider the criteria for a Subclass 801 visa, specifically cl 801.221 of Schedule 2 to the Regulations.

The Tribunal concluded that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Accordingly, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a Subclass 801 visa.