Feng (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant, Feng, and a sponsor. The dispute concerned the reviewability of a delegate's decision regarding a Temporary Business Entry (Class UC) visa, specifically in circumstances where the nomination by the sponsor was lodged after the date an application for review was filed.

The primary legal issue before the Tribunal was whether the delegate's decision constituted an 'MRT-reviewable decision' under the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations, particularly in light of the timing of the sponsor's nomination. The Tribunal was required to determine if it possessed jurisdiction to hear the review application.

The Tribunal reasoned that the delegate's decision was not an 'MRT-reviewable decision' under any applicable subparagraphs of section 338 of the *Migration Act 1958* or regulation 4.02(4) of the *Migration Regulations 1994*. Consequently, the application for review was not validly made, and the Tribunal lacked jurisdiction to proceed with the matter. The Tribunal concluded that it did not have jurisdiction in this matter.