Qas Younan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning the refusal of a Visitor (Class FA) visa. The applicant, Qas Younan, sought review of the decision.

The primary legal issue before the Tribunal was whether the application for review had been validly made. Specifically, the Tribunal had to determine if the applicant was the correct party to lodge the review application under the relevant provisions of the *Migration Act 1958* (Cth).

The Tribunal reasoned that the decision under review was one covered by section 338(5) of the *Migration Act 1958* (Cth). Under that section, only the sponsor referred to in the subsection could make an application for review. As the application was made by the visa applicant himself, rather than the sponsor, it was not a properly made application under section 347 of the Act. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.