Panchana (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Panchana concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The core of the dispute revolved around whether the delegate's decision regarding Mr Panchana's visa application was a reviewable decision by the Tribunal.

The primary legal issue before the Tribunal was to determine whether it possessed jurisdiction to review the delegate's decision. This required an assessment of whether the decision fell within the ambit of reviewable decisions as defined by the relevant provisions of the *Migration Act 1958* (Cth), specifically section 338(2) and other related subsections, as well as section 347. The Tribunal had to ascertain if the circumstances under which the review application was lodged, particularly Mr Panchana's location outside the migration zone, rendered the delegate's decision non-reviewable.

The Tribunal reasoned that the delegate's decision was not a reviewable decision under section 338(2) or any other relevant subparagraphs of section 338 and section 347 of the *Migration Act 1958* (Cth). Consequently, the Tribunal concluded that the application for review had not been properly made, and therefore, the Tribunal lacked jurisdiction to hear the matter. The Tribunal's decision was that it did not have jurisdiction in this matter.