Khan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Khan concerning a Bridging E (Class WE) visa, subclass 050. The dispute arose from the Minister's decision that Mr Khan's application for this visa was invalid and therefore could not be considered.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the Minister's decision that Mr Khan's visa application was invalid. This question turned on whether such a decision constituted a "Tribunal-reviewable decision" under the relevant migration legislation.

The Tribunal reasoned that section 47(4) of the Migration Act 1958 (Cth) expressly states that a decision by the Minister deeming an application invalid and not capable of consideration is not a decision to refuse to grant a visa. Consequently, as no decision to refuse a visa had been made, there was no reviewable decision at the time Mr Khan lodged his application for review. The Tribunal concluded that the application for review was therefore not properly made, and it lacked jurisdiction to hear the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.