Santinan (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant, Santinan, sought review of a decision made by a delegate of the Minister. The core of the dispute revolved around whether the delegate's decision was a reviewable decision under the relevant migration legislation.

The primary legal issue before the Tribunal was to determine whether the delegate's decision regarding the applicant's visa application was one that could be lawfully reviewed by the AAT. This required an examination of the provisions of the *Migration Act 1958* (Cth), specifically Parts 5 and 7, to ascertain if the decision fell within the scope of reviewable decisions.

The Tribunal, constituted by Member Adrienne Millbank, reasoned that the delegate's decision was not a reviewable decision under either Part 5 or Part 7 of the *Migration Act 1958* (Cth). Consequently, the Tribunal concluded that the application for review had not been validly made, as it was directed to a non-reviewable decision. Therefore, the Tribunal held that it lacked jurisdiction to hear the matter. The Tribunal made no orders other than to state that it did not have jurisdiction.