Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning a review applicant seeking a Visitor (Class FA) visa, subclass 600. The applicant's eligibility for sponsorship was in question, specifically whether their cousin qualified as an 'eligible sponsor' under the relevant regulations.

The central legal issue before the Tribunal was whether the applicant's cousin constituted a 'close relative' as defined by the migration regulations, thereby enabling them to act as an eligible sponsor for the subclass 600 visa. This determination was crucial for the Tribunal to establish its jurisdiction to review the visa application.

The Tribunal found that it did not have jurisdiction to hear the matter. It reasoned that even if it were to assume jurisdiction, the applicant would not satisfy the requirements of clause 600.232(2) of the Migration Regulations. This was because the applicant's cousin did not meet the definition of a 'close relative' for the purposes of sponsorship under that clause.