Kim (Migration)

The applicant, Kim, sought judicial review of a decision concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The matter came before Bridget Cullen, a Member of the Tribunal. The core of the dispute revolved around whether the delegate's decision was subject to review by the Tribunal.

The primary legal issue before the Tribunal was whether the delegate's decision constituted a "reviewable decision" within the meaning of section 338(2) of the Migration Act 1958 (Cth) or any other relevant provision of that Act or its associated regulations. Specifically, the Tribunal had to determine if the circumstances of the visa application, involving sponsorship by an approved sponsor and an approved nomination of an occupation, fell within the categories of decisions that could be appealed to the Tribunal.

The Tribunal concluded that the delegate's decision was not a reviewable decision under section 338(2) or any other applicable subparagraphs of section 338 or regulation 4.02(4) of the Migration Regulations 1994 (Cth). Consequently, the Tribunal found that it lacked jurisdiction to hear the matter.