Omino (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning an application for review of a decision made by a delegate regarding a Visitor (Class FA) visa, Subclass 600. The applicant, Omino, sought to have the delegate's decision reviewed by the Tribunal.

The central legal issue before the Tribunal was whether the delegate's decision was a "Tribunal-reviewable decision" as defined by the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the decision fell within the scope of Parts 5 or 7 of the Act, which delineate the types of decisions that are subject to merits review by the AAT.

The Tribunal reasoned that for an application for review to be validly made, the underlying decision must be one that the Tribunal has the power to review. As the delegate's decision in this instance was not identified as a reviewable decision under Parts 5 or 7 of the *Migration Act 1958* (Cth), the Tribunal concluded that the application for review had not been properly made. Consequently, the Tribunal found that it lacked jurisdiction to hear the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.