Nair (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 804 (Aged Parent) visa. The applicant for review was the son of the visa applicant, who sought to challenge a decision made under section 338(2) of the *Migration Act 1958* (Cth).

The central legal issue before the Tribunal was whether the application for review had been validly made. Specifically, the Tribunal had to determine if the person who lodged the application for review was the correct party to do so, as prescribed by the *Migration Act*.

The Tribunal reasoned that section 338(2) of the *Migration Act* stipulates that an application for review of a decision covered by that section can only be made by the non-citizen who is the subject of the decision. In this instance, the application was lodged by the son of the visa applicant, not the visa applicant themselves. Consequently, the Tribunal concluded that the application for review was not properly made under section 347 of the *Migration Act*.

As a result of this procedural defect, the Tribunal determined that it lacked jurisdiction to hear the matter.