McCarthy (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Temporary Skill Shortage (TSS) (Class GK) visa, subclass 482. The applicant sought review of a decision, but the Tribunal found it lacked jurisdiction.

The central legal issue before the Tribunal was whether it had the jurisdiction to review the delegate's decision, given that the approved nomination had ceased and no application for review had been made regarding the decisions not to approve the sponsor or the nomination. The Tribunal also considered the applicant's failure to respond to the Tribunal's communication.

The Senior Member, R. Skaros, reasoned that because the delegate's decision was not reviewable in the circumstances presented, the application for review had not been properly made. Consequently, the Tribunal concluded that it did not possess jurisdiction to hear the matter. The Tribunal therefore made no order other than that it lacked jurisdiction.