Mekamat (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a visa applicant concerning a decision made under the *Migration Act 1958* (Cth). The applicant sought to challenge a decision related to a Visitor (Class FA) visa, Subclass 600.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This turned on the interpretation of section 338(7) of the *Migration Act 1958* (Cth) and whether the applicant was the proper party to make the application under section 347 of the Act.

The Tribunal reasoned that the decision under review was a "Part 5-reviewable decision" as defined by section 338(7). This section stipulates that only the "relative concerned" can make an application for review in such circumstances. As the visa applicant, rather than the relative, had lodged the review application, the Tribunal concluded that it was not an application properly made under section 347. Consequently, the Tribunal found it lacked jurisdiction to proceed with the review.