Sadh (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Sadh for a review of a decision concerning a Subclass 600 (Visitor) visa. The core of the dispute revolved around whether the Tribunal possessed jurisdiction to hear the applicant's case, given that the applicant was not within the migration zone at the time the review application was lodged.

The primary legal issue before the Tribunal was whether it had jurisdiction to entertain the application for review of the delegate's decision. This question hinged on the proper interpretation and application of the relevant provisions of the *Migration Act 1958* (Cth) concerning reviewable decisions and the requirements for lodging an application for review.

The Tribunal determined that the delegate's decision was not a decision that could be reviewed under Parts 5 or 7 of the *Migration Act 1958* (Cth). Consequently, the Tribunal concluded that the application for review had not been validly made. As a result, the Tribunal found that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal therefore made no order other than to state that it did not have jurisdiction in this matter.