Abdulkadir (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The dispute arose because the application for review was made by an individual who was not the applicant for the visa itself, but rather a relative of the visa applicant.

The primary legal issue before the Tribunal was whether the application for review had been validly made. Specifically, the Tribunal had to determine if the applicant for review satisfied the requirements of section 347 of the relevant migration legislation, which dictates who can make an application for review of certain decisions.

The Tribunal reasoned that the decision under review fell within the scope of section 338(7) of the migration legislation. This section specifies that only the relative referred to in that subsection can make an application for review. As the person who lodged the application for review was not the visa applicant and did not meet the criteria to be considered the "relative referred to in that subsection" for the purposes of initiating a review, the application was not properly made under section 347. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter. The Tribunal therefore dismissed the application for review.