QTS OZ Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of QTS OZ Pty Ltd for review of a decision concerning an employer nomination. The core of the dispute was whether a decision made by a delegate of the Minister was a reviewable decision for the purposes of the Migration Act 1958 (Cth). QTS OZ Pty Ltd contended that the delegate's decision was subject to review by the Tribunal.

The primary legal issue before the Tribunal was whether the delegate's decision constituted a "reviewable decision" under the Migration Act. Specifically, the Tribunal had to determine if the outcome recorded by the delegate, described as "otherwise finalised," meant that the decision was not one that could be brought before the Tribunal for merits review.

The Tribunal reasoned that for an application for review to be validly made, there must be a reviewable decision. In this instance, the delegate's decision was not a decision that fell within the scope of Part 5 or Part 7 of the Migration Act, which prescribe the types of decisions amenable to review by the AAT. Consequently, the Tribunal concluded that the application for review had not been properly made, as there was no reviewable decision upon which the Tribunal could exercise its jurisdiction.

Accordingly, the Tribunal determined that it lacked jurisdiction to hear and determine the application for review.