Amritpal Singh (Migration)

This matter concerned an application for review of a decision relating to a Skilled Work Regional (Provisional) (Class PS) visa. The review application was made by the visa applicant, who was an employee of the nominator, and by the visa applicant's spouse as a secondary applicant. The decision under review was identified as being covered by s 338(9) and r 4.02(4)(la)(ii) of the relevant migration legislation.

The primary legal issue before the Tribunal was whether the review application had been validly made. Specifically, the Tribunal was required to determine who was entitled to make an application for review under the relevant provisions of the Migration Act 1958 (Cth) and associated regulations, and whether the applicants in this case met those criteria.

The Tribunal reasoned that, by operation of s 338(9) and r 4.02(4)(la)(ii), an application for review of the type of decision in question could only be made by the sponsor or nominator. As the review application was lodged by the visa applicant and their spouse, rather than the nominator, it was not an application properly made under s 347 of the Migration Act 1958 (Cth). Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore dismissed the application for review.