Njoroge (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning a decision made in relation to a Visitor (Class FA) visa. The applicant, Njoroge, sought review of a decision, but the core of the dispute revolved around whether the review application itself had been validly made.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This question turned on the proper interpretation and application of section 347 of the Migration Act 1958 (Cth) and section 338(5) of the Migration Regulations 1994 (Cth), specifically concerning who is entitled to make an application for review in circumstances involving a visa application made by a relative.

The Tribunal, constituted by Member Joseph Lindsay, determined that section 338(5) stipulated that only the "relative referred to in that subsection" could make an application for review of the decision in question. The evidence before the Tribunal indicated that the review application had not been lodged by this specified relative. 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 finding, the Tribunal held that it lacked jurisdiction to consider the merits of the review application. The Tribunal therefore made the order that it did not have jurisdiction in this matter.