Wuner (Migration)

The Administrative Appeals Tribunal considered the applications of Wuner (Migration) for a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute concerned the assessment of the first applicant's criminal history, for which certificates from Australia and their home country had been provided, indicating no disclosable court outcomes.

The primary legal issue before the Tribunal was whether a hearing was necessary to determine the applications, particularly in light of the provided criminal history documentation. The Tribunal was required to consider its obligations under section 360(2)(a) of the Migration Act 1958 (Cth) in deciding whether to proceed without a hearing.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicants based on the material before it. Pursuant to section 360(2)(a) of the Act, the Tribunal remitted the applications for reconsideration. The reconsideration was to include a direction that the first applicant meets Public Interest Criterion 4001 for the purposes of clause 820.223 of Schedule 2 to the Migration Regulations 1994 (Cth).