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.
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
Key Legal Topics
Areas of Law
-
Immigration
-
Administrative Law
Legal Concepts
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0