Deen (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision concerning a Subclass 600 (Visitor) visa. The dispute arose because the AAT found it lacked jurisdiction to hear the applicant's appeal.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's appeal, specifically in light of section 338(7)(c) of the *Migration Act 1958* (Cth). This section requires that the particulars of a relative concerned must have been included in the visa application for the Tribunal to have jurisdiction.

The Tribunal reasoned that the applicant's visa application stated an intention to visit his fiancée and her family. However, the Tribunal found that the relationship between the applicant and his fiancée did not constitute a de facto relationship. Consequently, the Tribunal concluded that the particulars of the kind of relative referred to in section 338(7)(c) had not been included in the application, meaning the Tribunal did not have jurisdiction. The Tribunal therefore decided it did not have jurisdiction in this matter.