Lyn (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The dispute arose because the review application was lodged by the applicant's migration agent, Louise Lyn, and incorrectly listed the sponsor, Jialu Ding, as the visa applicant.

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

The Tribunal reasoned that section 338(2) of the *Migration Act 1958* (Cth) stipulates that only the non-citizen who is the subject of a decision can apply for a review. While the actual visa applicant, Hyejung Hong, would have had standing to apply, the application was made by the migration agent and incorrectly identified the sponsor as the applicant. Consequently, the Tribunal found that the application was not properly made under section 347 of the Act, meaning the Tribunal lacked jurisdiction.

The Tribunal determined that it did not have jurisdiction in this matter.