Wu (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The dispute arose when the visa applicant, rather than the sponsor, lodged an application for review of a decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the review application. This turned on the proper interpretation of section 338(7A) of the Migration Act 1958 (Cth) and section 347 of the Migration Regulations 1994 (Cth), specifically concerning who is entitled to seek review of certain migration decisions.

The Tribunal reasoned that section 338(7A) limits review applications to the non-citizen who is the subject of the decision. In this instance, the decision under review was one where the sponsor, not the applicant, held the review rights. Consequently, the application for review, having been lodged by the incorrect party, was not properly made under section 347.

As a result, the Tribunal concluded that it lacked jurisdiction to consider the matter.