Tan (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision concerning a Subclass 461 New Zealand Citizen Family Relationship (Temporary) visa. The primary issue before the Tribunal was whether the applicant satisfied the criteria set out in clause 461.212 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the requirements of subclause (2), (3), or (4) of clause 461.212. The applicant conceded that she did not satisfy subclause (2), as the person in relation to whom she was granted the visa, Mr Kok Tan, was an Australian citizen and not the holder of a Subclass 444 (Special Category) visa.

The Tribunal reasoned that the applicant's circumstances required an examination of subclause (3) or (4). Given the applicant's concession regarding subclause (2), the Tribunal focused on whether the applicant met the remaining criteria. The Tribunal concluded that the matter should be remitted for reconsideration with a direction that the applicant meets clause 461.212. The Tribunal was also satisfied that the applicant met clause 461.221 of the Regulations.