Kavaefiafi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Subclass 600 (Visitor) visa. The applicant, Ms. Kavaefiafi, sought to have the decision reviewed, but the application was made by her as the visa applicant, rather than by the sponsor as required by the relevant legislation.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the review application. This turned on two points: firstly, whether the application was made by the correct party, and secondly, whether the prescribed fee for the review application had been paid.

The Tribunal reasoned that section 338(5) of the Migration Act 1958 (Cth) stipulated that only the sponsor could make an application for review of the type of decision in question. As the visa applicant, Ms. Kavaefiafi, had made the application, it was not properly made under section 347 of the Act. Furthermore, the prescribed fee had not been paid, and no request for a fee reduction had been made or determined. Consequently, the Tribunal concluded that the application was not valid.

The Tribunal therefore determined that it did not have jurisdiction to hear the matter.