MORIUE (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Moriue, a visa applicant, and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned the applicant's eligibility for a Temporary Skill Shortage (Class GK) visa (subclass 482) under the medium-term stream, following the refusal of the sponsor's related nomination. Crucially, the applicant was not identified in the approved nomination, and no application for review of the refusal was lodged. Furthermore, the applicant failed to respond to communications from the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application. This question hinged on whether the delegate's decision to refuse the nomination was a reviewable decision in the circumstances presented, and consequently, whether the applicant's application for review had been validly made.

The Tribunal determined that it lacked jurisdiction. It reasoned that because the delegate's decision was not reviewable in the specific circumstances of the case, the applicant's subsequent application for review was not properly made. The Tribunal noted that the applicant had not applied for a review of the refusal of the nomination and had not responded to the Tribunal's communications.

Consequently, the Tribunal concluded that it did not have jurisdiction to consider the matter.