Nargis (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a decision about a Visitor (Class FA) visa, Subclass 600. The applicant, Nargis, sought review of a decision made by the Department of Home Affairs.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the applicant was a "specified relative" permitted to make such an application under section 338(7) of the *Migration Act 1958* (Cth). The Tribunal had invited the applicant to comment on this jurisdictional question, but no response was provided.

The Tribunal reasoned that the decision under review fell within the scope of section 338(7) of the *Migration Act*. This provision stipulates that only a "relative" specified in that subsection can make an application for review. As the review application was lodged by the visa applicant themselves, rather than the specified relative, the Tribunal concluded that the application was not properly made under section 347 of the Act. Consequently, the Tribunal determined that it lacked jurisdiction to proceed with the review.

The Tribunal ordered that it does not have jurisdiction in this matter.