Jahan (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (Cth) concerning the cancellation of a Subclass 186 Employer Nomination Scheme visa. The applicant was a secondary applicant whose visa had been cancelled automatically by operation of law.

The primary legal issue before the Tribunal was whether there was a reviewable decision in relation to the applicant's visa cancellation, and consequently, whether the Tribunal had jurisdiction to hear the application for review.

The Tribunal reasoned that the cancellation of the applicant's visa occurred automatically by operation of law. As such, there was no decision made by a Minister or a delegate of the Minister that was capable of being reviewed by the Tribunal. Accordingly, the application for review was not properly made, and the Tribunal lacked jurisdiction to consider the matter.