Patel (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa. The applicant, Mr Patel, sought a second review of a decision. The central dispute revolved around whether the application for review had been validly lodged by the correct party.

The primary legal issue before the Tribunal was whether the application for review was made by a person entitled to do so under the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicant, Mr Patel, qualified as a "relative" as defined for the purposes of making a review application under section 338(7) of the Act.

The Tribunal reasoned that section 338(7) of the *Migration Act 1958* (Cth) prescribes that only a specified relative of the visa applicant, who is an Australian citizen or permanent resident and whose particulars were included in the visa application, can make a review application for certain decisions. In this instance, the review application was lodged by the visa applicant himself, who did not meet the definition of a "relative" as stipulated in section 347(2) of the Act. Consequently, the Tribunal concluded that the application was not properly made under section 347, and therefore, the Tribunal lacked jurisdiction to hear the matter.