Amshikhan Fartan (Migration)

[2019] AATA 3569

Amshikhan Fartan (Migration) [2019] AATA 3569 (23 April 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Kahareek Amshikhan Fartan

CASE NUMBER:  1902396

DIBP REFERENCE(S):  BCC2018/5153522

MEMBER:Moira Brophy

DATE:23 April 2019

PLACE OF DECISION:  Sydney

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

Statement made on 24 April 2019 at 9:38am

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – incorrect applicant – members of the family unit – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 338, 347

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 14 January 2019, to refuse to grant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). This decision is reviewable under s.338(7) of the Act.

2. The review application was lodged with the Tribunal on 3 February 2019. For the following reasons, the Tribunal has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Section 347(2) of the Act specifies who has the right to apply for review of a decision that is reviewable under Part 5 of the Act. In the case of a decision described in s.338(7), an application for review may only be made by the relative referred to in the subsection concerned: s.347(2)(c).

4. As the decision that is the subject of the review application is a decision covered by s.338(7), the application for review could only be made by the referred to in that subsection. In the present case, the review application was made by Mr Kahareek Amshikan Fartan but the visa applicant in respect of whom the application was made was not identified. As such, the application for review is not an application properly made under s.347 and it follows that the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Moira Brophy
   Member