Wiriyapak (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant seeking review was Mr Wiriyapak, who was identified as the sponsor of the visa application, rather than the non-citizen who was the subject of the visa decision.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the application had been made by the correct party as prescribed by the relevant migration legislation.

The Tribunal determined that the decision under review was one covered by section 338(2) of the *Migration Act 1958* (Cth). Under this provision, an application for review can only be made by the non-citizen who is the subject of the visa decision. As the application was lodged by Mr Wiriyapak, the sponsor, and not the non-citizen visa applicant, the Tribunal concluded that the application was not properly made under section 347 of the *Migration Act 1958* (Cth).

Consequently, the Tribunal found that it did not have jurisdiction to consider the matter.