1805961 (Migration)

The applicant sought review of a decision made by a delegate of the Minister regarding a Subclass 200 Refugee and Humanitarian visa. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to review this decision.

The central legal issue before the Tribunal was whether the delegate's decision was reviewable under the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to consider if the decision fell within the scope of Parts 5 or 7 of the Act, which govern reviewable decisions.

The Tribunal reasoned that because the delegate's decision was not identified as a reviewable decision under Parts 5 or 7 of the Act, the application for review lodged with the Tribunal was not validly made. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore made no order in relation to the merits of the application, as it was unable to proceed due to the jurisdictional issue.