Singh (Migration)

[2018] AATA 4398

Singh (Migration) [2018] AATA 4398 (1 November 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mr Shamsher Singh

VISA APPLICANT:  Mr Bachitter Singh

CASE NUMBER:  1823791

DIBP REFERENCE(S):  BCC2018/2692367

MEMBER:Moira Brophy

DATE:1 November 2018

PLACE OF DECISION:  Sydney

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

Statement made on 01 November 2018 at 4:04pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – incorrect applicant – excluded from applying for review – no jurisdiction

LEGISLATION

Migration Act 1958, ss 65, 338, 347

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application has been lodged for review of a decision of a delegate of the Minister for Immigration, dated 25 July 2018, to refuse to grant a Visitor (Class FA) visa under s.65 of the Migration Act 1958 (the Act). This decision is reviewable under s.338(7) of the Act.

2. The review application was lodged with the Tribunal on 16 August 2018. For the following reasons, the Tribunal has no jurisdiction to review the decision as the application was not made in accordance with the relevant legislation.

3. Section 347(2) of the Act specifies who has the right to apply for review of a decision that is reviewable under Part 5 of the Act. In the case of a decision described in s.338(7), an application for review may only be made by the relative referred to in the subsection concerned: s.347(2)(c).

4. In the present matter the applicant for review is Mr Shamsher Singh. The Tribunal accepts he is the brother of the visa applicant. As the decision that is the subject of the review application is a decision covered by s.338(7), the person who is entitled to apply for a review of this decision is a parent/ spouse/ de facto partner/ child/ brother or sister of the visa applicant  who is an Australian citizen or permanent resident and whose particulars were included in the visa application. You are excluded from applying for review because although you are the brother of the visa applicant your particulars were not included at the time of application.

5. As such, the application for review is not an application properly made under s.347 and it follows that the Tribunal does not have jurisdiction in this matter.

   DECISION

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

   Moira Brophy
   Member