KUNOVSKA (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The dispute arose because the application for review was lodged by the primary visa applicant, rather than the non-citizen who was the subject of the decision under review.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the application had been properly made in accordance with the relevant provisions of the *Migration Act 1958* (Cth).

The Tribunal determined that the decision under review was one covered by section 338(2) of the *Migration Act 1958* (Cth). Consequently, the Tribunal held that only the non-citizen who was the subject of that decision could make an application for review under section 347. As the application was made by the primary visa applicant, who was not the subject of the decision, the Tribunal concluded that the application had not been properly made.

Accordingly, the Tribunal found that it did not have jurisdiction in the matter.