Kumar (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 applicant, Mr. Kumar, sought to have a decision reviewed by the Tribunal.

The central legal issue before the Tribunal was whether Mr. Kumar, as the primary visa applicant, had the standing to make an application for review under section 347 of the *Migration Act 1958* (Cth) in relation to the specific decision that was the subject of the review.

The Tribunal reasoned that the decision in question fell within the ambit of section 338(7) of the *Migration Act 1958* (Cth). This section prescribes who is entitled to make an application for review. As Mr. Kumar was the primary visa applicant, and the decision was one covered by section 338(7), the Tribunal determined that the application for review could only be made by the person specified in that subsection. Consequently, the Tribunal found that Mr. Kumar's application was not properly made under section 347, and therefore, the Tribunal lacked jurisdiction to hear the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.