Yasa (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Provisional) visa (Subclass 309). The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 309 visa, specifically in relation to the evidence of sponsorship and the genuineness and continuing nature of their relationship.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 309.213 of Schedule 2 to the Migration Regulations 1994 (Cth).