Alvian (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning a decision made by a delegate of the Minister regarding a Visitor (Class FA) visa, Subclass 600 (Tourist). The applicant had made their visa application while outside the migration zone and without sponsorship or nomination.

The central legal issue before the AAT was whether the delegate's decision was reviewable, and consequently, whether the AAT possessed jurisdiction to hear the application for review. This turned on the specific provisions of the migration legislation governing the eligibility for review of decisions made in relation to certain visa applications lodged from offshore.

The AAT Member, Wendy Banfield, reasoned that because the applicant's visa application was made while outside the migration zone and lacked the required sponsorship or nomination, the delegate's decision was not a reviewable decision under the relevant migration legislation. As a result, the application for review lodged with the Tribunal was not properly made, and therefore, the Tribunal lacked jurisdiction to consider the merits of the case.