Amshikhan Fartan (Migration)

Case

[2019] AATA 3569

23 April 2019


Details
AGLC Case Decision Date
Amshikhan Fartan (Migration) [2019] AATA 3569 [2019] AATA 3569 23 April 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600. The applicant seeking review was Mr Kahareek Amshikan Fartan, however, the visa applicant in respect of whom the review was sought was not identified.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the application for review had been properly made in accordance with the relevant provisions of the *Migration Act 1958* (Cth).

The Tribunal determined that the decision under review was one covered by section 338(7) of the *Migration Act 1958* (Cth). Consequently, only a person referred to in that subsection could make an application for review. As the application for review was made by Mr Amshikan Fartan, but the specific visa applicant was not identified, the Tribunal concluded that the application was not properly made under section 347 of the Act.

Accordingly, the Tribunal found that it did not have jurisdiction to hear the matter.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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