Dang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Provisional) visa (Class UF), Subclass 309. The applicants for the visa sought to have the decision reviewed by the Tribunal.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. Specifically, the Tribunal had to determine if the application for review had been properly made under the relevant legislative provisions.

The Tribunal, constituted by Member Nathan Goetz, found that the application for review was made by the visa applicants themselves. This was determined not to be an application properly made under section 347 of the relevant legislation. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore dismissed the application for review.