Nadeem (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning a Temporary Business Entry (Class UC) visa, subclass 457. The applicant, Mr. Nadeem, had sought to have a decision made by a delegate of the Minister reviewed by the Tribunal. The visa in question was sponsored by an approved standard business sponsor.

The central legal issue before the AAT was whether it possessed jurisdiction to review the delegate's decision in the specific circumstances presented. This question turned on the nature of the delegate's decision and whether it was a decision that could, in fact, be subject to merits review by the Tribunal.

Her Honour Member Mary Sheargold reasoned that the delegate's decision was not reviewable in the circumstances of the case. Consequently, the application for review lodged with the Tribunal was not properly made. The Tribunal therefore concluded that it lacked jurisdiction to hear and determine the application.