AGARWAL (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning a decision related to a Visitor (Class FA) visa, Subclass 600. The applicant sought review of a decision, but the AAT Member, Linda Holub, determined that the application for review had not been validly made.

The central legal issue before the Tribunal was whether the application for review had been made by a "relevant person" as defined by section 338(5) of the relevant migration legislation. This determination was crucial for establishing the Tribunal's jurisdiction to hear the matter.

The Tribunal's reasoning focused on the specific provisions governing review applications. It found that the decision under review fell within the scope of section 338(5), which dictates that only persons specifically referred to in that subsection can make a valid application for review. In this instance, the visa applicants themselves had lodged the review application. The Tribunal concluded that, as the applicants were not the persons authorised by section 338(5) to make such an application, the review application was not properly made under section 347. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the review.

The Tribunal determined that it did not have jurisdiction in this matter.