Sudario (Migration)

The Administrative Appeals Tribunal considered an application for review concerning a Visitor (Class FA) visa, Subclass 600. The applicant sought review of a decision relating to their visa application.

The primary legal issue before the Tribunal was whether the application for review was validly made, thereby conferring jurisdiction on the Tribunal. This involved determining whether the applicant had standing to apply for review, given their relationship to the visa holder, and whether the application had been made in accordance with the relevant legislative requirements, including the payment of the prescribed fee.

The Tribunal reasoned that the application for review was not made in accordance with the relevant legislation. Specifically, the Tribunal found that the applicant, who was the brother-in-law of the visa holder, was not an "Australian relative" as defined by the relevant provisions. Furthermore, the prescribed application fee had not been paid, and no request for a fee reduction had been made or determined. Consequently, the Tribunal concluded that the application for review was not a valid application and that it therefore lacked jurisdiction to proceed with the matter.

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