FIRM FOUNDATION MINISTRIES INC. (Migration)

This matter concerned an application for review of a decision relating to a Temporary Activity (Class GG) visa, subclass 408, before the Administrative Appeals Tribunal. The applicant for review was the sponsor or nominator for the visa, not the visa applicant themselves.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the review application, given that it was lodged by the sponsor rather than the non-citizen who was the subject of the original visa decision. This turned on the interpretation of section 338(2) and section 347 of the relevant migration legislation.

The Tribunal determined that the decision under review fell within the scope of section 338(2), which stipulates that only the non-citizen who is the subject of such a decision can make an application for review. As the review application was made by the sponsor/nominator, it was not a valid application made under section 347. Consequently, the Tribunal concluded it lacked jurisdiction to consider the matter. The Tribunal therefore made no order as to costs and dismissed the application for review.