Budhbhatti (Migration)

The applicant, Budhbhatti, sought judicial review of a decision made by the Migration Review Tribunal. The dispute concerned an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The core of the issue was whether the review application had been validly made.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the review application. This turned on the interpretation of section 338(2) of the *Migration Act 1958* (Cth), which dictates who can make an application for review of certain decisions. Specifically, the Tribunal had to determine if the applicant was the "non-citizen who is the subject of the decision" as required by the Act.

The Tribunal reasoned that section 338(2) of the *Migration Act 1958* (Cth) stipulates that an application for review of a decision covered by that section can only be made by the non-citizen who is the subject of the decision. In this instance, the review application was not filed by the non-citizen who was the subject of the visa decision. Consequently, the Tribunal concluded that the application was not properly made under section 347 of the Act, and therefore, it lacked jurisdiction to proceed.

The Tribunal determined that it did not have jurisdiction in the matter.