du Plessis (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicants themselves had lodged the application for review of a decision relating to their visa.

The central legal issue before the Tribunal was whether the application for review had been validly made, thereby conferring jurisdiction on the Tribunal to hear the matter. Specifically, the Tribunal had to determine if the applicants were entitled to make such an application under section 347 of the relevant migration legislation.

The Tribunal reasoned that section 347 of the *Migration Act 1958* (Cth) outlines the specific circumstances under which a review application can be made, and crucially, who is permitted to make such an application. In this instance, the applicants themselves had lodged the review application. The Tribunal found that this did not constitute an application properly made under section 347, as the section requires the applicant for review to be a relative of the visa applicant, which was not the case here. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the application.

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