Floorwise Pty Ltd (Migration)

Floorwise Pty Ltd sought review of a decision concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the application.

The central legal issue before the Tribunal was whether the applicant, Floorwise Pty Ltd, had the legal standing to apply for a review of the visa decision. Specifically, the Tribunal had to determine if the application was made by the correct party as required by the relevant migration legislation.

The Tribunal reasoned that section 338(2) of the Migration Act 1958 (Cth) stipulated that an application for review of a decision of the kind under consideration could only be made by the non-citizen who was the subject of that decision. As the review application was lodged by Floorwise Pty Ltd, an entity, rather than the individual non-citizen, the Tribunal concluded that the application was not properly made under section 347 of the Act. Consequently, the Tribunal found it lacked jurisdiction to proceed with the review.

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