MUNGAI (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicant for review was Mrs Mungai, who is the sister-in-law of the visa applicant. The dispute centred on whether Mrs Mungai was entitled to apply for a review of the visa decision.

The primary legal issue before the Tribunal was whether Mrs Mungai had standing to make an application for review under the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the decision under review fell within the scope of section 338(7) of the Act and, if so, whether Mrs Mungai qualified as a "relative" permitted to make such an application under section 347.

The Tribunal reasoned that the decision in question was indeed covered by section 338(7) of the *Migration Act 1958*. This subsection limits who can apply for a review of certain decisions. The Tribunal found that, under this provision, only the specific relative referred to in the subsection could make the application for review. As Mrs Mungai was the visa applicant's sister-in-law, she did not fall within the category of persons permitted to apply for review under section 347. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.

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