JEON (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of JEON, who sought review of a decision concerning a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant was sponsored by an approved sponsor, but the approved nomination of an occupation had ceased.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision in these specific circumstances. The Tribunal was required to determine if the delegate's decision, given the cessation of the nominated occupation, constituted a "Tribunal-reviewable decision" under the relevant migration legislation.

The Tribunal reasoned that the legislative framework governing the Temporary Business Entry (Class UC) visa, subclass 457, did not provide for merits review by the AAT when the approved nomination of an occupation had ceased. Consequently, the delegate's decision was not a decision that the Tribunal had the power to review. As the decision was not reviewable, the application for review was deemed not to have been properly made.

Therefore, the Tribunal concluded that it did not have jurisdiction to hear the application for review.