Nguyen (Migration)

The applicant, Nguyen, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a Visitor (Class FA) visa, Subclass 600. The matter came before Holub J in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether there had been a "reviewable decision" within the meaning of the *Migration Act 1958* (Cth) that would grant the Court jurisdiction to hear the applicant's case. Specifically, the Court had to determine if the applicant had received a decision that was capable of being reviewed by the Administrative Appeals Tribunal, and consequently, by the Federal Circuit and Family Court.

Holub J found that the applicant had not been provided with a decision that was susceptible to merits review by the Administrative Appeals Tribunal. As such, there was no "reviewable decision" as contemplated by the *Migration Act*. Consequently, the Court lacked jurisdiction to entertain the application for judicial review. The application was therefore dismissed.