BHUSAL (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of BHUSAL concerning an application for review of a decision made by a delegate of the Minister regarding a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought to challenge a decision that was not subject to review by the Tribunal.

The central legal issue before the AAT was whether it possessed jurisdiction to review the delegate's decision, given that the specific circumstances of the visa application did not permit such review. This involved determining whether the delegate's decision constituted a "Tribunal-reviewable decision" under the relevant migration legislation.

The AAT Member, Alan McMurran, reasoned that because the delegate's decision was not reviewable in the circumstances presented, the application for review lodged by the applicant was not validly made. Consequently, the Tribunal lacked the necessary jurisdiction to hear and determine the matter. The legal principle applied was that the AAT's jurisdiction is confined to those decisions expressly made reviewable by statute.

Accordingly, the Tribunal concluded that it did not have jurisdiction in this matter.