Fletcher (Migration)

In *Fletcher (Migration)* [2020] AATA 5937, the Administrative Appeals Tribunal (AAT) considered an application for review by Miss Natalie Fletcher concerning a Temporary Activity (Class GG) visa, subclass 408. The applicant sought to challenge the duration of the visa granted, which was valid until 30 November 2020. The central dispute was whether the AAT possessed the legal authority to review the decision to grant a visa for a specified period.

The AAT was required to determine whether it had jurisdiction to review the applicant's application. Specifically, the Tribunal had to ascertain if a decision to grant a visa for a defined duration constituted a "reviewable decision" under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The Tribunal also considered the validity of the application for review itself in light of the nature of the decision being challenged.

The Tribunal reasoned that its jurisdiction to review decisions is established by sections 338 and 411 of the *Migration Act* and regulation 4.02 of the *Migration Regulations*. While these provisions outline reviewable decisions, including refusals of visas, the Tribunal found that a decision to grant a visa for a specific period is not a reviewable decision. Consequently, as there was no reviewable decision before it, the application for review was not properly made, and the Tribunal concluded it lacked jurisdiction in the matter.