Osman (Migration)

[2023] AATA 1768

Osman (Migration) [2023] AATA 1768 (13 April 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mrs Azza Abdelhakim Mohamed Osman

CASE NUMBER:  2300652

HOME AFFAIRS REFERENCE(S):          BCC20225630959

MEMBER:Nora Lamont

DATE:13 April 2023

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 13 April 2023 at 9:18am

CATCHWORDS
MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – no reviewable decision – particulars of relatives not included in application – No jurisdiction

LEGISLATION
Migration Act 1958 (Cth), ss 338, 347
Migration Regulations 1994 (Cth), r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 18 January 2023 for review of a visitors visa refusal. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

2. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (Cth) (the Act) if an application is properly made under s 347 or s 412 of that Act, or in limited circumstances not relevant to this application, s 29 of the Administrative Appeals Tribunal Act 1975 (Cth). Sections 338 and 411 of the Act and reg 4.02(4) of the Migration Regulations 1994 (Cth) set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse visas of various kinds, but the evidence before the Tribunal indicates that the application does not meet s338(7)(b) as there are no relatives listed.

3. As there is no reviewable decision it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

4. The Tribunal does not have jurisdiction in this matter.

   Nora Lamont
   Member