Boonjanthuek (Migration)

This matter concerned an application for review of a decision made under the *Migration Act 1958* (Cth). The applicant for review was the de facto partner of the stepfather of the visa applicant, along with the children of that de facto partner. The dispute centred on whether these individuals had the standing to make an application for review under section 347 of the Act.

The primary legal issue before the Tribunal was whether the application for review had been properly made by a person with the requisite standing. Specifically, the Tribunal had to determine if the de facto partner and their children fell within the definition of a "relative" as referred to in section 338(7) of the *Migration Act 1958* (Cth), which dictates who can make an application for review in certain circumstances.

The Tribunal reasoned that section 338(7) limits the ability to apply for review to the specific relative identified in that subsection. In this instance, the applicants for review were identified as the de facto partner of the stepfather and the children of that de facto partner. The Tribunal concluded that these individuals did not meet the criteria of the relative specified in section 338(7). Consequently, the application for review was not considered an application properly made under section 347 of the Act.

As a result of this determination, the Tribunal found that it lacked jurisdiction to hear the matter.