Kidd (Migration)

The applicant, Kidd, sought judicial review of a decision concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The respondent was not explicitly named but the matter was before the Administrative Appeals Tribunal (Migration Division).

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's appeal. This question arose because the applicant had lodged their application for review prior to a decision being formally made.

The Tribunal, constituted by Member Warren Stooke AM, reasoned that for it to have jurisdiction, a reviewable decision must have been made at the time the application for review was lodged. As no such decision had been made, the application was deemed not to have been properly made, and therefore the Tribunal lacked jurisdiction.

Consequently, the Tribunal ordered that it did not have jurisdiction in the matter.