Khoudair (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a decision made under the *Migration Act 1958* (Cth) regarding a Visitor (Class FA) visa, Subclass 600. The review application was lodged by the visa applicants themselves.

The primary legal issue before the Tribunal was whether the review application had been validly made, specifically concerning the standing of the applicants to seek such a review. This involved an interpretation of section 338(7) and section 347 of the *Migration Act 1958* (Cth).

The Tribunal reasoned that section 338(7) dictates that only a "relative" of the visa applicant, who is an Australian citizen or permanent resident, can make a review application for certain types of decisions. In this instance, the review application was made by the visa applicants directly, and they did not satisfy the criteria of being an Australian citizen or permanent resident, nor were they identified as relatives of themselves in the context of the statutory provision. Consequently, the Tribunal concluded that the application for review was not properly made under section 347.

As a result, the Tribunal determined that it lacked jurisdiction to hear the matter.