Alvian (Migration)

[2023] AATA 358

Alvian (Migration) [2023] AATA 358 (21 February 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Dolvy Alvian

CASE NUMBER:  2216556

HOME AFFAIRS REFERENCE(S):          BCC2022/4449233

MEMBER:Wendy Banfield

DATE:21 February 2023

PLACE OF DECISION:  Canberra

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 21 February 2023 at 6:03pm

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Tourist) – application made while applicant outside migration zone and not sponsored or nominated – decision not reviewable and application not properly made – no jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 338, 347
Migration Regulations 1994 (Cth), r 4.02(4)

statement of decision and reasons

application for review

1. An application was made to the Tribunal on 11 November 2022 for review of a decision to refuse an application for a Visitor (class FA) Visitor (Tourist) (subclass 600) visa. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (Cth) (the Act) if an application is properly made under s 347 or s 412 of that Act, or in limited circumstances not relevant to this application, s 29 of the Administrative Appeals Tribunal Act 1975 (Cth). Sections 338 and 411 of the Act and reg 4.02(4) of the Migration Regulations 1994 (Cth) set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal and the circumstances in which they are reviewable.

3. A decision to refuse a Visitor (class FA) Visitor (Tourist) (subclass 600) visa is reviewable if the applicant made the visa application while outside the migration zone, and the applicant was sponsored or nominated as required by a criterion for the grant of the visa. A decision to refuse a Visitor (class FA) Visitor (Tourist) (subclass 600) visa is not reviewable in the circumstances of this case because the applicant was not sponsored or nominated as required by a criterion for the grant of the visa. A refusal to grant Visitor (class FA) Visitor (Tourist) (subclass 600) visas in circumstances where applicants are outside Australia and have applied on their own behalf as tourists are not reviewable decisions.

4. The Tribunal wrote to the applicants on 9 January 2023 inviting comment on the validity of the application for review. There was no response to the invitation.

5. As the delegate’s decision is not reviewable in these circumstances it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   decision

6. The Tribunal does not have jurisdiction in this matter.

   Wendy Banfield
   Member