1514905 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a migration decision. The applicant's son-in-law lodged the review application, but the Tribunal was required to determine whether this person was a "relative" as defined by section 338(7) of the relevant legislation, which dictates who can make such an application.

The central legal issue before the Tribunal was whether the applicant's son-in-law qualified as a specified relative under section 338(7) for the purpose of lodging a review application under section 347. This determination was crucial for establishing the Tribunal's jurisdiction to hear the matter.

The Tribunal reasoned that section 338(7) specifically enumerates the individuals who are permitted to make a review application. It found that the applicant's son-in-law did not fall within the definition of a specified relative under that provision. Consequently, the Tribunal concluded that the review application had not been properly made under section 347, and therefore, the Tribunal lacked jurisdiction to proceed with the review. The Tribunal ordered that it does not have jurisdiction in this matter.