GOHIL (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Gohil, who sought review of a decision concerning a Temporary Work (Skilled) visa (Subclass 457). The applicant's entitlement to seek review was challenged on the basis that they were not the subject of an approved sponsorship nomination at the time of their application for review.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision. This depended on whether the applicant met the criteria set out in section 338(2)(d) of the relevant migration legislation, which requires the applicant to be the subject of an approved nomination or have a pending application for review of a decision to refuse to approve a nomination.

The Tribunal found that the applicant was not the subject of an approved nomination when they applied for review, nor was there a pending application for review of a decision to refuse a nomination. Consequently, the applicant failed to satisfy the jurisdictional requirements stipulated in section 338(2)(d).

As a result, the Tribunal concluded that it did not have jurisdiction to hear the applicant's review application, and the delegate's decision was therefore not reviewable by the Tribunal.