Nakai Sandhu (Migration)

This matter concerned an application for review before the Tribunal concerning a decision made by the Department in relation to a Visitor (Class FA) visa. The applicant, Nakai Sandhu, sought review of the Department's decision.

The primary legal issue before the Tribunal was whether the Department's decision constituted a "Part 5 decision" for the purposes of the *Migration Act 1958* (Cth). This determination was crucial to establishing the Tribunal's jurisdiction to hear the application for review.

The Tribunal reasoned that the Department's decision regarding the Visitor (Class FA) visa was not a Part 5 decision. Consequently, as the decision was not reviewable under Parts 5 or 7 of the Act, the application for review had not been validly made. The Tribunal concluded that it therefore lacked jurisdiction to consider the matter.