Li (Migration)

[2024] AATA 866

Li (Migration) [2024] AATA 866 (8 April 2024)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Lanfeng Li

CASE NUMBER:  2320033

HOME AFFAIRS REFERENCE(S):          BCC2023/6899328

MEMBER:Amanda Mendes Da Costa

DATE:8 April 2024

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 8 April 2024 at 9.02am

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – incorrect applicant – review application made by the visa applicant – no jurisdiction

LEGISLATION

Migration Act 1958, ss 5(1), 65, 338, 347

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Home Affairs, dated 7 December 2023, to refuse to grant a Visitor (Class FA) visa under s 65 of the Migration Act 1958 (Cth) (the Act). This decision is reviewable under s 338(7) of the Act.

2. The review application was lodged with the Tribunal on 8 December 2023. For the following reasons, the Tribunal has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Section 347(2) of the Act specifies who has the right to apply for review of a decision that is reviewable under Part 5 of the Act. In the case of a decision described in s 338(7), an application for review may only be made by the relative referred to in the subsection concerned: s 347(2)(c).

4. As the decision that is the subject of the review application is a decision covered by s 338(7), the application for review could only be made by the relative referred to in that subsection. In the present case, the review application was made by the visa applicant. As such, the application for review is not an application properly made under s 347 and it follows that the Tribunal does not have jurisdiction in this matter.

   DECISION

5. The Tribunal does not have jurisdiction in this matter.

   Amanda Mendes Da Costa
   Member