Tran (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Child (Residence) (Class BT) visa, Subclass 802, made by an applicant seeking to establish that they were a dependent child. The applicant had provided additional evidence to the Tribunal.

The central legal issue before the Tribunal was whether it was necessary to hold a hearing to determine the applicant's eligibility for the visa, or if the decision could be made based on the material already before it. This involved considering the Tribunal's obligations under section 360(2)(a) of the Migration Act 1958 (Cth).

The Tribunal determined that it was not necessary to hold a hearing because it was able to find in favour of the applicant on the basis of the material before it, pursuant to section 360(2)(a) of the Act. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 802.212 of Schedule 2 to the Migration Regulations 1994 (Cth).