LAM (Migration)

The Administrative Appeals Tribunal (AAT) considered the matter of LAM (Migration), concerning an application for review related to a Subclass 407 (Training) visa. The applicant sought review of a decision made by a delegate of the Minister.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision. This question hinged on whether the specific decision made by the delegate was a "Tribunal-reviewable decision" within the meaning of the relevant migration legislation, particularly in circumstances involving a sponsored applicant and an approved nomination of an occupation.

The Tribunal reasoned that the delegate's decision, as presented, was not a decision that could be reviewed by the AAT. Consequently, the application for review was deemed to have been improperly made, and the Tribunal lacked jurisdiction concerning the first applicant. Given this finding, the Tribunal considered it futile to make any determination regarding the second applicant, who was identified as a member of the same family unit.

The Tribunal concluded that it did not have jurisdiction in this matter in respect of the first named applicant.