Al Hallak (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Visitor (Class FA) visa. The applicant, Mr Bassem Al Hallak, sought review of a decision related to his visa application. The sponsor for the visa was Mr Yasser Hassan El Hallack.

The primary legal issues before the Tribunal were whether the application for review had been validly made by a person with standing and whether the prescribed fee had been paid. Specifically, the Tribunal had to determine if the applicant was the correct party to make the application for review under the relevant migration legislation and if the failure to pay the application fee rendered the review invalid.

The Tribunal reasoned that the decision under review fell within the scope of s 338(5) of the Migration Act 1958 (Cth), which stipulates that only the sponsor, in this instance Mr Yasser Hassan El Hallack, could make an application for review. As the application was lodged by the visa applicant, Mr Bassem Al Hallak, it was not made by the authorised party. Furthermore, the prescribed fee for the application for review had not been paid. Consequently, the Tribunal concluded that the application for review was not properly made under s 347 of the Migration Act 1958 (Cth).

The Tribunal determined that it lacked jurisdiction to hear the matter due to the invalidity of the application for review.