Lee (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant seeking review of a delegate's decision concerning a Business Skills (Provisional) visa (Subclass 188). The applicant had not been in the migration zone when their application was lodged and had subsequently returned to their home country for personal and family reasons, departing before the commencement of COVID-19 travel restrictions.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the delegate's decision. This question turned on whether the delegate's decision was a "reviewable decision" within the meaning of section 338(2) of the Migration Act 1958 (Cth), or any other relevant provision of section 338 or section 347.

The Tribunal reasoned that the applicant's failure to be in the migration zone at the time of application meant that the delegate's decision was not a reviewable decision under the specified provisions of the Migration Act. Consequently, the application for review lodged with the Tribunal was not a properly made application, and therefore, the Tribunal lacked jurisdiction to hear the matter. The Tribunal made no orders as it determined it did not have jurisdiction.