ESEGINE (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of ESEGINE concerning a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 (Temporary Work (Skilled)) visa. The applicant sought review of a decision made by a delegate.

The central legal issue before the Tribunal was whether the delegate's decision was a reviewable decision for the purposes of the Migration Act 1958 (Cth). This question arose in circumstances where there was no approved sponsor and no pending application for review.

The Tribunal, constituted by Member Ian Berry, reasoned that the delegate's decision was not reviewable in the specific circumstances presented. Consequently, the Tribunal concluded that the application for review had not been properly made, and therefore, the Tribunal lacked jurisdiction to hear the matter.

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