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SUBCLASS 500 (STUDENT) MLG 1385 of 2015

As the Applicant was not given an opportunity to comment on relevant material, namely information that the Department had obtained relating to the Applicant’s prior visa refusal, the Applicant was denied procedure fairness, and in circumstances such as a denial amounts to a jurisdiction error. This justifies the making of orders by consent.

Subclass 115(Remaining)

The Tribunal remits the applications made by the visa applicants for Other Family (Migrant) (Class BO) visas to Department of Immigration and Multicultural and Indigenous Affairs for reconsideration, with the direction that the visa applicant meets the criteria for a subclass 115 (Remaining Relative) visa.