Auspac Building Group Pty Ltd (Migration)

[2018] AATA 2820

Auspac Building Group Pty Ltd (Migration) [2018] AATA 2820 (11 June 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Auspac Building Group Pty Ltd

CASE NUMBER:  1812603

DIBP REFERENCE(S):  BCC2017/3232208

MEMBER:Bridget Cullen

DATE:11 June 2018

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal does not have jurisdiction in this matter.

Statement made on 11 June 2018 at 3:26pm

CATCHWORDS

Migration – Nomination of an occupation (employer nomination) – Non-reviewable decision – No jurisdiction

LEGISLATION

Administrative Appeals Tribunal Act 1975, s 29
Migration Act 1958, ss 338, 347, 411, 412
Migration Regulations 1994, r 4.02

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. An application was made to the Tribunal on 2 May 2018 for review of a decision to refuse a nomination made under s.140GB of the Act.

2. For the following reasons, the Tribunal has found that it has no jurisdiction in respect of this application.

3. The Tribunal has jurisdiction to review a decision under the Migration Act 1958 (the Act) if an application is properly made under s.347 or s.412 of that Act, or in limited circumstances not relevant to this application, s.29 of the Administrative Appeals Tribunal Act 1975. Sections 338 and 411 of the Act and r.4.02(4) of the Migration Regulations 1994 set out the range of decisions that are reviewable in the Migration and Refugee Division of the Tribunal. They include decisions to refuse and cancel visas of various kinds and a range of sponsorship and nomination decisions, but the evidence before the Tribunal indicates that at the time the review application was lodged, no relevant decision had been made.

4. In this case, the applicant's application for approval as a standard business sponsor was refused by the department, consequently, the related nomination was administratively finalised. The administrative finalisation of the nomination by the department is not a reviewable decision.

5. As no reviewable decision had been made at the time the review application was lodged it follows that the application was not properly made and the Tribunal does not have jurisdiction in this matter.

   DECISION

6. The Tribunal does not have jurisdiction in this matter.

   Bridget Cullen
   Member