Lee (Migration)

This matter concerned an application for review by Mr Lee in relation to a Student (Temporary) (Class TU) visa (subclass 500). The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear Mr Lee's application.

The central legal issue before the AAT was whether there had been a "reviewable decision" made in relation to Mr Lee's visa application at the time his application for review was lodged with the Tribunal.

The AAT Member, David McCulloch, reasoned that as no decision had been made that was capable of being reviewed by the Tribunal at the time the application for review was lodged, the application was not properly made. Consequently, the Tribunal lacked jurisdiction to consider the matter.

The Tribunal therefore concluded that it did not have jurisdiction in this matter.