Windsor (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to the provision of personal identifiers.

The primary legal issue before the Tribunal was whether the applicant had complied with the requirements for providing personal identifiers as stipulated by the Migration Act 1958 (Cth) and its associated regulations. This involved determining if the biometrics data, provided during the review process, satisfied the departmental requirements under section 257A and regulation 2.04(b) for the purposes of section 40(1) of the Act.

The Tribunal found that new evidence, specifically the provision of biometrics data during the review, satisfied the requirements of section 257A and regulation 2.04(b). Consequently, the Tribunal concluded that the applicant met the criterion relating to personal identifiers. The Tribunal therefore remitted the application for reconsideration, directing that the applicant be taken to meet the requirements of regulation 2.04(b) for the purposes of section 40(1) of the Migration Act.