SHARETEA AUSTRALIA PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application for review by Sharetea Australia Pty Ltd concerning the approval of its status as a standard business sponsor. The core of the dispute revolved around whether Sharetea Australia Pty Ltd was lawfully operating a business in Australia and met certain criteria for sponsorship approval.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the decision. This question arose because the Tribunal determined that there was no reviewable decision to consider.

The Tribunal reasoned that because no reviewable decision had been made, the application for review had not been validly lodged. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Member stated that as there is no reviewable decision, it follows that the application for review was not properly made and the Tribunal does not have jurisdiction in this matter. The Tribunal therefore made no orders other than to dismiss the application for want of jurisdiction.