Abdillah (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Abdillah concerning a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The dispute arose because Mr Abdillah sought review of a decision that was not amenable to review by the Tribunal. The AAT was therefore required to determine whether it had jurisdiction to hear the application for review.

The central legal issue before the AAT was whether the delegate's decision constituted a "Tribunal-reviewable decision" within the meaning of the relevant migration legislation. This involved assessing whether the decision, made in the context of a sponsorship by an approved sponsor and an approved nomination of an occupation, fell within the categories of decisions that the AAT had the power to review.

The AAT reasoned that the specific decision made by the delegate was not one for which the Migration Act 1958 (Cth) provided a right of review to the Tribunal. Consequently, as the delegate's decision was not reviewable in these circumstances, the application for review was not properly made. The Tribunal concluded that it therefore lacked jurisdiction to consider the merits of Mr Abdillah's application. The Tribunal ordered that it did not have jurisdiction in this matter.