Qian (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a decision made under the *Migration Act 1958* (Cth) regarding a Visitor (Class FA) visa, subclass 600. The applicant seeking review was the mother of the visa applicant.

The central legal issue before the Tribunal was whether the applicant had the standing to apply for a review of the visa decision, specifically whether she qualified as a "relative" as defined by section 338(7) of the *Migration Act 1958* (Cth) for the purposes of making such an application under section 347 of the Act.

The Tribunal reasoned that section 338(7) of the Act restricts who can apply for a review of certain decisions to specific categories of relatives. In this instance, the applicant, the mother of the visa applicant, was not an Australian citizen or an Australian permanent resident. Consequently, she did not meet the criteria stipulated in section 338(7) to be considered a relative with the standing to make the review application under section 347.

Therefore, the Tribunal concluded that it lacked jurisdiction to hear the matter as the application for review had not been properly made.