Rahman (Migration)

This matter concerned an application for review of a decision relating to Temporary Business Entry (Class UC) visas, specifically Subclass 457 (Temporary Work (Skilled)) visas. The applicants sought review of a decision, but the review application was made by the visa applicants themselves, rather than the entity that applied to be the sponsor or nominated the applicants.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the review application. This depended on whether the application for review had been properly made in accordance with the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

The Tribunal determined that the decision under review fell within the scope of s 338(9) of the Act and r 4.02(4)(l) of the Regulations. Consequently, under r 4.02(5)(k) of the Regulations, only the person who applied to become the sponsor or who nominated the applicants was entitled to make an application for review. As the review application was made by the visa applicants, it was not a properly made application under s 347 of the Act. Accordingly, the Tribunal concluded it lacked jurisdiction to consider the matter. The Tribunal therefore dismissed the application for review.