Nash (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600 (Visitor), tourist stream. The applicants sought review of a decision, but the review application was not made by a specified citizen or permanent resident relative as contemplated by the relevant legislation.

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

The Tribunal reasoned that section 347 of the *Migration Act 1958* (Cth) outlines the circumstances under which an application for review can be made. In this instance, the review application was not lodged by a relative who met the criteria specified in section 347(2)(c). Consequently, the Tribunal concluded that the application for review was not properly made under section 347, and therefore, the Tribunal lacked jurisdiction to consider the matter. The Tribunal determined it did not have jurisdiction in this matter.