Watada (Migration)

The Administrative Appeals Tribunal considered an application by a New Zealand citizen for a New Zealand Citizen Family Relationship (Temporary) (Class UP) visa, subclass 461. The applicant's previous visa, a subclass 457, had been cancelled due to a breach of its conditions, specifically a "no work" condition. The applicant contended that they had misinterpreted advice received from the Department regarding this condition.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the subclass 461 visa, particularly in light of the cancellation of their prior visa. This involved assessing whether the applicant's explanation for the breach of the "no work" condition was sufficient to satisfy the relevant legislative requirements for the grant of the temporary visa.

The Tribunal found that the applicant did meet the criteria for the visa, specifically clause 461.225 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfies this criterion. The Tribunal's decision indicates that the applicant's explanation for the breach of the previous visa conditions was accepted as mitigating circumstances.