Sharma (Migration)

This matter concerned an application for review by Mr Sharma of a decision made by a delegate of the Minister. Mr Sharma had been refused immigration clearance and had sought review of this decision. The applicant had also sought to have an approved nomination of an occupation considered.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the delegate's decision to refuse immigration clearance. This question turned on whether the delegate's decision constituted a "Tribunal-reviewable decision" within the meaning of the relevant migration legislation.

The Tribunal found that the delegate's decision was not a Tribunal-reviewable decision in the circumstances presented. Consequently, the application for review was not properly made. The Tribunal concluded that it therefore lacked jurisdiction to hear the matter.