Galvez (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Visitor (Class FA) visa, Subclass 600. The application for review was made by the visa applicant.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the decision under review was one to which section 338(7) of the *Migration Act 1958* (Cth) applied, and if so, whether the applicant was a person permitted to make such an application.

The Tribunal reasoned that if the decision under review was covered by section 338(7), then only the sponsor, nominator, or specified relative referred to in that subsection could make an application for review. As the application was made by the visa applicant, and the Tribunal had formed the view that there was no Tribunal-reviewable decision, the application for review was not properly made under section 347 of the *Migration Act 1958* (Cth). Consequently, the Tribunal concluded it lacked jurisdiction.

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