Wilson (Migration)

This matter concerned a review application made by a visa applicant in relation to a Partner (Provisional) (Class UF) visa, Subclass 309. The decision under review was one covered by section 338(5) of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the review application had been validly made. Specifically, the Tribunal was required to determine who was entitled to make an application for review under section 347 of the *Migration Act 1958* (Cth) in circumstances where the decision under review fell within the ambit of section 338(5).

The Tribunal reasoned that section 338(5) specifies that an application for review of a decision of that kind can only be made by the sponsor referred to in that subsection. As the review application in this instance was made by the visa applicant, rather than the sponsor, it was not an application properly made under section 347. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter.

The Tribunal determined that it did not have jurisdiction in this matter.