Phan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a subclass 482 visa nomination. The applicant, Mr. Phan, sought review of a decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This question arose because the application was lodged by Mr. Phan, rather than the nominator, and it was lodged outside the prescribed time limits. Furthermore, there had been no response to communications from the Tribunal.

The Tribunal determined that an application for review under section 347 of the relevant legislation must be made by the nominator. As the application was lodged by Mr. Phan, it was not an application properly made under that section. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter.