Shankar (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600. The applicant sought review of a decision related to this visa.

The central legal issue before the Tribunal was whether the applicant had the standing to make the application for review. Specifically, the Tribunal had to determine if the application was validly made under section 347 of the relevant legislation, which dictates who can apply for a review of certain migration decisions.

The Tribunal reasoned that the decision under review fell within the scope of section 338(2). This provision stipulates that only the non-citizen who is the subject of such a decision can make an application for review. As the application was made by the applicant, who was not the subject of the visa decision, it was not a properly made application under section 347. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter.

The Tribunal determined that it did not have jurisdiction in this matter.