Valivand (Migration)

[2018] AATA 4737

Valivand (Migration) [2018] AATA 4737 (4 December 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

REVIEW APPLICANT:  Mrs Mahsa Valivand

VISA APPLICANT:  Miss Delara Ebrahim Nia

CASE NUMBER:  1830244

DIBP REFERENCE(S):  BCC2018/2540451

MEMBER:Linda Holub

DATE:4 December 2018

PLACE OF DECISION:  Sydney

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

Statement made on 04 December 2018 at 12:05pm

CATCHWORDS

MIGRATION – Visitor (Class FA) visa – Subclass 600 (Visitor) – incorrect applicant – 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 6 August 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 15 October 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. The Tribunal wrote to the applicant on 15 November 2018 indicating that it appeared that the application was invalid. The letter outlined who is entitled to apply for review and explained that the applicant is not such a person.  The letter invited the applicant to comment on whether she believes a valid application has been made and advised that comments should be provided by 29 November 2018.  The applicant did not respond to that letter.

5. As the decision that is the subject of the review application is a decision covered by s.338(7), the application for review could only be made by the relevant person referred to in that subsection. In the present case, the review application was made by the visa applicant’s aunt.  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

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

Linda Holub
Member