Allawadhi (Migration)

The applicant, Allawadhi, sought review of a decision concerning a Subclass 482 Temporary Skill Shortage visa. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear the application.

The central legal issue before the Tribunal was whether a reviewable decision had been made in relation to the applicant's visa application. Specifically, the Tribunal had to consider if the applicant had been identified in a linked approved nomination, which is a prerequisite for a reviewable decision to arise in this context.

The Tribunal reasoned that for it to have jurisdiction, there must be a reviewable decision. In this instance, the applicant had not been identified in a linked approved nomination. Consequently, no reviewable decision had been made. As a result, the application for review was not properly made, and the Tribunal lacked jurisdiction to proceed.

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