Konsa (Migration)

The Administrative Appeals Tribunal considered a matter concerning a Regional Employer Nomination (Permanent) visa, subclass 187. The dispute arose from a visa applicant's attempt to lodge a review application.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the review application. This turned on whether a reviewable decision had been made in relation to the applicant's subclass 187 visa application at the time the review application was lodged.

The Tribunal reasoned that for it to have jurisdiction, a reviewable decision must have been made. As no such decision had been made concerning the first named applicant's visa application when the review application was lodged, the Tribunal concluded that the application was not properly made. Consequently, the Tribunal determined it lacked jurisdiction in the matter.