Bricknall (Migration)

The Administrative Appeals Tribunal (AAT) considered whether the review applicant, identified as the boyfriend of the visa applicant, had standing to apply for a review of a decision concerning a Subclass 600 Visitor visa. The core of the dispute revolved around the applicant's relationship to the visa holder and whether that relationship qualified them to seek merits review of the visa refusal.

The primary legal issue before the Tribunal was whether the review applicant was a "relative" of the visa applicant as defined by section 338(7) of the Migration Act 1958 (Cth). This determination was crucial for establishing whether the Tribunal had jurisdiction to hear the application for review, as only specified relatives could make such an application under section 347 of the Act.

The Tribunal reasoned that for the purposes of section 338(7), a "relative" is strictly defined to include only a parent, spouse, de facto partner, child, brother, or sister. The Tribunal found that the review applicant, being the boyfriend of the visa applicant, did not fall within any of these categories. Specifically, the Tribunal concluded that the applicant was not the visa applicant's de facto partner under section 5CB of the Act. Consequently, the Tribunal held that the application for review was not properly made, and therefore, it lacked jurisdiction to proceed with the matter.