LAPWANITSAKULLAP (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The dispute arose because the application for review was lodged by the visa applicants themselves, rather than by the sponsor, as required by the relevant migration regulations.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This question turned on whether the application for review had been properly made in accordance with the Migration Act 1958 (Cth) and associated regulations.

The Tribunal reasoned that the decision under review was one that, pursuant to subsection 338(9) and subregulation 4.02(4)(l) of the Migration Regulations 1994, could only be made by the visa sponsor. As the application for review was lodged by the visa applicants, it did not constitute a properly made application under section 347 of the Migration Act 1958 (Cth). Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter.

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