Bhattarai and Migration Agents Registration Authority (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning the registration of a migration agent. The applicant, Mr. Bhattarai, sought a stay of a purported decision by the Migration Agents Registration Authority (OMARA) that his registration for 2018/2019 was invalid. The respondent, OMARA, contended that no reviewable decision had been made, thereby challenging the Tribunal's jurisdiction.

The central legal issues before the Tribunal were whether OMARA had made a reviewable "decision" under the Migration Act 1958 (Cth) and, consequently, whether the Tribunal possessed jurisdiction to hear Mr. Bhattarai's application. This required an examination of the definition of "decision" in the context of administrative law and the specific provisions of the Migration Act governing the registration and renewal of migration agents.

The Tribunal reasoned that all decisions made under Division 3 of Part 3 of the Migration Act are subject to AAT review pursuant to section 306 of the Act. It considered various judicial interpretations of the term "decision," noting its indeterminate meaning and the need for a broad approach in determining reviewability. The Tribunal concluded that, in the absence of a clear, final determination or ruling by OMARA that could be characterised as a "decision" within the meaning of the Act, it lacked the jurisdiction to proceed with the review.

Consequently, the Tribunal found that it had no jurisdiction to consider the matters related to Mr. Bhattarai's application, as there was no reviewable decision made by OMARA.