Firstiara (Migration)

[2024] AATA 2974

Firstiara (Migration) [2024] AATA 2974 (6 August 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Resha Firstiara

CASE NUMBER:  2410298

HOME AFFAIRS REFERENCE(S):          BCC20242416271

MEMBER:Justine Clarke

DATE:6 August 2024

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 06 August 2024 at 12:14pm

CATCHWORDS

MIGRATION – Bridging B (Class WB) visa – Subclass 020 (Bridging B) – particulars of the relative applicants not included – no jurisdiction

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. On 2 May 2024, an application was made to the Tribunal for review of a decision of a delegate of the Minister for Home Affairs made on 30 April 2024 to refuse to grant the applicant a Subclass 600 Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

3. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (Cth) (the Act) if an application is properly made under s 347 or s 412 of that Act, or in limited circumstances not relevant to this application, s 29 of the Administrative Appeals Tribunal Act 1975 (Cth).

4. Sections 338 and 411 of the Act and reg 4.02(4) of the Migration Regulations 1994 (Cth) set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal and the circumstances in which they are reviewable.

5. A decision to refuse to grant a Subclass 600 Visitor (Class FA) visa is reviewable under s 338(7) if the particulars of the relative concerned (that is, the Australian citizen or permanent resident the visa applicant intends to visit, who is a brother, sister, parent, spouse, de facto partner or child of the visa applicant) are included in the visa application but is not reviewable in the circumstances of this case because no such particulars were listed.

6. On 27 June 2024, the Tribunal wrote to the applicant to invite her to comment on the validity of the review. The letter requested any comments to be made in writing by 11 July 2024.

7. To date, the Tribunal has not received a response.

8. As the delegate’s decision is not reviewable in these circumstances it follows that the application for review was not properly made, and the Tribunal does not have jurisdiction in this matter.

   DECISION

9. The Tribunal does not have jurisdiction in this matter.

   Justine Clarke
   Member