Makani (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Makani concerning a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187. The applicant sought review of a decision related to their visa application, but the central issue revolved around the birth of their infant child after the Department's initial decision and the subsequent lack of a reviewable decision at the time the review application was lodged.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application. This question hinged on whether a "reviewable decision" had been made by the Department of Home Affairs prior to the lodgement of the application for review with the AAT, particularly in light of the intervening birth of the applicant's child.

The Tribunal reasoned that for it to have jurisdiction, there must be a reviewable decision that has been made. In this instance, the Tribunal found that no reviewable decision had been made at the time the review application was lodged. Consequently, the application for review was not properly made, and the Tribunal lacked the necessary jurisdiction to proceed with the matter. The Tribunal also noted that there was no response to a letter sent by the Tribunal.