Chen (Migration)

Case

[2018] AATA 2218

21 May 2018


Details
AGLC Case Decision Date
Chen (Migration) [2018] AATA 2218 [2018] AATA 2218 21 May 2018

CaseChat Overview and Summary

This matter concerned an application for review of a decision by the delegate of the Minister regarding a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of the delegate's decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This question turned on whether the delegate's decision was one that was reviewable by the Tribunal in the circumstances presented.

Her Honour Member Mary Sheargold determined that the delegate's decision was not reviewable. Consequently, the application for review was not properly made, and the Tribunal lacked jurisdiction to consider the matter. The Tribunal therefore concluded it did not have jurisdiction.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

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