Cai (Migration)

The applicant, Cai, sought judicial review of a decision concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The respondent was the Department of Immigration and Border Protection. The matter came before the Administrative Appeals Tribunal (Migration Division).

The primary legal issue before the Tribunal was whether the delegate's decision was a "Tribunal-reviewable decision" as defined by the *Migration Act 1958* (Cth) and its associated regulations. Specifically, the Tribunal had to determine if it possessed jurisdiction to review the decision, given the nature of the visa and the circumstances of the sponsorship.

The Tribunal found that the delegate's decision was not reviewable under Parts 5 or 7 of the *Migration Act 1958*. Consequently, the application for review was not validly made, and the Tribunal lacked jurisdiction to hear the matter. The Tribunal applied section 337 of the Act and subregulation 4.02(1AA) of the Regulations in reaching its determination.

The Tribunal ordered that it did not have jurisdiction in this matter.