Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Nguyen concerning a decision to refuse his application for a Subclass 600 (Visitor) visa, specifically the tourist stream. The delegate's decision was that Mr Nguyen did not meet the criteria for this visa subclass and stream.

The primary legal issue before the Tribunal was whether the delegate's decision was a reviewable decision under the *Migration Act 1958* (Cth). This involved determining if the refusal of a Subclass 600 visa in the tourist stream fell within the scope of decisions that could be appealed to the AAT under Parts 5 or 7 of the Act.

The Tribunal reasoned that the *Migration Act* specifies which decisions are reviewable. As the delegate's decision to refuse Mr Nguyen's visa application for the Subclass 600 (Visitor) visa, tourist stream, was not listed as a reviewable decision under Parts 5 or 7 of the Act, the Tribunal concluded that it lacked jurisdiction to hear the application for review. The Tribunal noted that Mr Nguyen had not responded to an invitation to comment, but this was secondary to the fundamental jurisdictional issue.

Consequently, the Tribunal determined that the application for review was not validly made, and it therefore did not have jurisdiction to consider the merits of Mr Nguyen's case.