Karunarathna (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600. The applicant for review was the brother-in-law of the visa applicant, and importantly, the review applicant was neither an Australian citizen nor a permanent resident.

The central legal issue before the Tribunal was whether the application for review had been properly made under section 347 of the relevant migration legislation. This section dictates who is eligible to make an application for review of a visa decision.

The Tribunal determined that the brother-in-law, not being an Australian citizen or permanent resident, did not satisfy the criteria for making a valid application for review under section 347. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore dismissed the application for review.