HARPREET SINGH (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Harpreet Singh concerning a Temporary Work (Skilled) visa (Subclass 457). The dispute arose from the refusal of the sponsor's nomination application, which meant Mr Singh was not sponsored by an approved sponsor at the time of the delegate's decision.

The primary legal issue before the Tribunal was whether the delegate's decision was a reviewable decision under section 338(2) of the Migration Act 1958 (Cth) or any other relevant provision, and consequently, whether the Tribunal had jurisdiction to hear the matter.

The Tribunal reasoned that for a decision to be reviewable under section 338(2), there must be a pending application for review of a decision, or a pending review of a refusal of a nomination. In this instance, there was no pending review of the refusal of the nomination application, and Mr Singh was not sponsored by an approved sponsor. Therefore, the delegate's decision was not a reviewable decision under the relevant provisions of the Migration Act and regulations.

Accordingly, the Tribunal determined that it did not have jurisdiction to consider the application.