Kato (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Kato concerning a Temporary Skill Shortage (Class GK) visa, subclass 482. The core of the dispute revolved around whether the AAT had jurisdiction to review a decision made by the delegate of the Minister.

The primary legal issue before the Tribunal was whether there was a "reviewable decision" that would allow Mr. Kato to lodge an application for review. This question arose in circumstances where there was no approved nomination and no pending review application in relation to the visa application.

Member Penelope Hunter reasoned that for the Tribunal to have jurisdiction, there must be a decision that is capable of being reviewed. In this instance, the delegate's decision was not a reviewable decision under the relevant migration legislation. Consequently, the application for review lodged by Mr. Kato was not properly made, and the Tribunal lacked jurisdiction to hear the matter.

The Tribunal therefore concluded that it did not have jurisdiction in this matter.