Caldwell (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Visitor (Class FA) visa, subclass 600. The applicant seeking review was the son-in-law of the primary visa applicant.

The central legal issue before the Tribunal was whether the son-in-law had the standing to apply for a review of the visa decision under the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicant fell within the category of persons permitted to make such an application.

The Tribunal reasoned that the decision under review was one covered by section 338(7) of the *Migration Act*. This section limits the ability to apply for review to a specific "relative" of the visa applicant. As the review applicant was the son-in-law, and not a relative as defined by the subsection, he was not a person entitled to make the application for review under section 347. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.