Hu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Hu concerning his Bridging A (Class WA) visa, Subclass 010. Mr Hu held this visa, which had expired. He had subsequently held two further expired visas. The core of the dispute was whether the AAT had jurisdiction to review a decision in relation to Mr Hu's visa status.

The primary legal issue before the Tribunal was whether there had been a "reviewable decision" within the meaning of the *Migration Act 1958* (Cth) that would grant the AAT jurisdiction to hear Mr Hu's application for review.

The Tribunal reasoned that for an application for review to be validly made, there must be a decision that is capable of being reviewed by the Tribunal. In this instance, Mr Hu's Bridging A visa had expired, and no other decision had been made by the Minister or the Department that was subject to review. Consequently, the Tribunal concluded that there was no reviewable decision before it.

As there was no reviewable decision, the Tribunal held that Mr Hu's application for review had not been properly made, and therefore, the Tribunal lacked jurisdiction to consider the matter.