Li (Migration)

This matter concerned an application for review of a decision regarding a Subclass 600 (Visitor) visa. The applicant for review was the visa applicant, and the dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the review.

The primary legal issue before the Tribunal was whether the application for review had been made by the correct party, as prescribed by the relevant migration legislation. Specifically, the Tribunal had to determine if the visa applicant was the person authorised to make a review application under section 338(7) of the Migration Act 1958 (Cth).

The Tribunal reasoned that section 338(7) of the Migration Act 1958 (Cth) stipulates that a review application in relation to certain decisions can only be made by a "relative" as defined in that subsection. As the application for review was lodged by the visa applicant, rather than the specified relative, it did not constitute a properly made application under section 347 of the Act. Consequently, the Tribunal concluded it lacked jurisdiction to consider the matter. The Tribunal therefore dismissed the application for review.