Janjua (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Skilled Regional Sponsored (Provisional) visa (Subclass 489). The applicant sought review of a decision made under section 338(2) of the *Migration Act 1958* (Cth). The core of the dispute revolved around whether the applicant was the correct party to bring the review application.

The primary legal issue before the Tribunal was whether the application for review had been validly made under section 347 of the *Migration Act 1958* (Cth). This required the Tribunal to determine if the applicant was the "non-citizen who is the subject of the decision" as stipulated by section 338(2).

The Tribunal reasoned that section 338(2) limits review applications to the non-citizen who is the subject of the decision. In this instance, the applicant was neither the sponsor nor the nominator for the visa. Consequently, the applicant was not the non-citizen who was the subject of the decision. As such, the application for review was not properly made under section 347, and the Tribunal lacked jurisdiction to hear the matter.

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