Sivagnanasampanthan and Minister for Home Affairs (Migration)

This matter concerned an application for review by Mr Sivagnanasampanthan of a decision made by a delegate of the Minister for Home Affairs. The dispute before the Administrative Appeals Tribunal (Migration and Refugee Division) was whether the Tribunal had jurisdiction to hear Mr Sivagnanasampanthan's application for review.

The Tribunal was required to determine two primary legal issues: first, whether the delegate's decision was a reviewable decision under Part 5 or Part 7 of the *Migration Act 1958* (Cth); and second, if it was reviewable, whether Mr Sivagnanasampanthan's application for review was made in accordance with the conditions specified by the Act.

The Tribunal reasoned that the delegate's decision was reviewable under section 338(6) of the *Migration Act* as it concerned a visa application made and refused outside the migration zone, where the applicant appeared to have Australian citizen or permanent resident children. However, the Tribunal found that the application for review itself was not properly made. Section 347(2) of the Act stipulates that for decisions covered by section 338(6), the application for review may only be made by a specified Australian citizen or permanent resident relative of the applicant. As Mr Sivagnanasampanthan had lodged the application himself, rather than through a qualifying relative, the Tribunal concluded it lacked jurisdiction to hear the application.