Ampomah (Migration)

The Administrative Appeals Tribunal (AAT) considered the standing of a review applicant in relation to a Visitor (Class FA) visa, Subclass 600. The dispute centred on whether the review applicant, who claimed to be the son of the visa applicant, had the right to seek review of a decision concerning the visa application.

The primary legal issue before the Tribunal was whether the review applicant had standing to make an application for review under section 347 of the relevant migration legislation. This required the Tribunal to determine if the review applicant was a "relative" whose particulars had been included in the original visa application, as stipulated by the legislation.

The Tribunal reasoned that for a review application to be validly made by a relative, that relative's particulars must have been included in the initial visa application. In this instance, the Tribunal found that the review applicant's particulars were not included in the visa application. Consequently, the Tribunal concluded that the review application was not properly made under section 347, and therefore, the Tribunal lacked jurisdiction to hear the matter. The Tribunal determined that it did not have jurisdiction in this matter.