Singh Rattu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The review applicant was an eligible New Zealand citizen who held a Special Category visa at the time of their visa application. The dispute centred on the validity of the review application itself.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the review application. This question turned on the interpretation of section 338(5) of the relevant migration legislation, which dictates who is entitled to make an application for review of certain decisions.

The Tribunal reasoned that section 338(5) limits review applications to a sponsor or nominator referred to in that subsection. As the review applicant was not the holder of a Special Category visa at the time of making the application for review, they did not fall within the category of persons permitted to make such an application under section 347. Consequently, the Tribunal concluded it lacked jurisdiction to consider the matter.

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