El-Ghul (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicant sought review of a decision made under section 338(5) of the *Migration Act 1958* (Cth).

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the application had been made by the correct party as prescribed by the *Migration Act 1958* (Cth).

The Tribunal reasoned that section 338(5) of the Act specifies that only a "relative" referred to in that subsection can make an application for review of the relevant decision. In this instance, the application for review was lodged by the visa applicant themselves, not by the specified relative. Consequently, the Tribunal concluded that the application was not properly made under section 347 of the Act.

The Tribunal determined that it lacked jurisdiction to consider the matter.