2102872 (Migration)

The applicant sought review by the Administrative Appeals Tribunal of a decision concerning their Bridging E (Class WE) visa, Subclass 050. The applicant had entered Australia and was in the community as an unlawful non-citizen. The core of the dispute revolved around whether there was a decision amenable to review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's circumstances constituted a "reviewable decision" within the meaning of the relevant migration legislation. This required the Tribunal to determine if any action or inaction by the Department of Home Affairs had resulted in a decision that the applicant was entitled to have reviewed.

The Tribunal found that the applicant was in the community as an unlawful non-citizen and that no decision had been made by the Department that was capable of being reviewed. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the application for review, as there was no reviewable decision upon which its jurisdiction could be founded. The application for review was therefore not properly made.

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