Nguyen (Migration)

The applicant sought review of a decision not to grant an Extended Eligibility (Temporary) (Class TK) visa, specifically a Subclass 445 (Dependant Child) visa. The core of the dispute concerned whether the applicant's mother, who was the primary visa holder, continued to hold a valid visa. The Administrative Appeals Tribunal, represented by Senior Member Kira Raif, considered the applicant's request for the case to be referred to the Minister for consideration under section 351 of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether to exercise its discretion to refer the applicant's case to the Minister for a potential substitution decision under section 351. This involved considering the applicant's circumstances and the ministerial guidelines for the exercise of this discretion, as outlined in the Department's Procedures Advice Manual (PAM3). The Tribunal also implicitly considered whether the applicant met the criteria for the Subclass 445 visa, which was contingent on the parent's visa status.

In reaching its decision, the Tribunal considered the applicant's case and the relevant ministerial guidelines. It concluded that it would not refer the matter to the Minister for consideration under section 351. The Tribunal affirmed the original decision not to grant the visa. The Tribunal noted that the applicant retained the ability to make a direct request to the Minister.