Perumal (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Perumal concerning a decision made by a delegate regarding an Electronic Travel Authority (ETA) (Class UD) visa, subclass 601. The core of the dispute was whether the delegate's decision was subject to merits review by the Tribunal.

The primary legal issue before the AAT was whether the delegate's decision to refuse or grant an ETA (Class UD) visa, subclass 601, constituted a "reviewable decision" as defined by the relevant provisions of the *Migration Act 1958* (Cth). This determination was crucial to establishing whether the AAT possessed jurisdiction to hear Mr Perumal's application for merits review.

The AAT Member, Mr S Norman, reasoned that the delegate's decision was not a reviewable decision under Parts 5 or 7 of the *Migration Act 1958* (Cth). Consequently, the AAT concluded that Mr Perumal's application for review had not been validly made, and therefore, the Tribunal lacked jurisdiction to consider the merits of the decision.