Chaudhry (Migration)

This matter concerned an application for review of a decision made by the Migration Review Tribunal. The applicant for review was the uncle of a visa applicant, seeking to challenge a decision concerning a Visitor (Class FA) visa, Subclass 600. The core of the dispute revolved around whether the uncle was a person with standing to bring such a review.

The primary legal issue before the Tribunal was whether the application for review had been validly made by a person with the requisite standing under the Migration Act 1958 (Cth). Specifically, the Tribunal had to determine if the applicant for review, being the visa applicant's uncle, was a "relative" as defined by section 338(6) of the Act, thereby conferring jurisdiction on the Tribunal to hear the matter.

The Tribunal reasoned that section 338(6) of the Migration Act 1958 (Cth) prescribes who may make an application for review of certain decisions. It found that the decision under review fell within the scope of this subsection, meaning only the specific relative referred to in that provision could apply for review. As the review application was lodged by the visa applicant's uncle, and not the relative contemplated by section 338(6), the Tribunal concluded that the application was not properly made under section 347 of the Act. Consequently, the Tribunal determined it lacked jurisdiction to proceed with the review.