Simard (Migration)

The Administrative Appeals Tribunal (AAT) considered the matter of Simard, concerning an application for an Employer Nomination (Permanent) visa, Subclass 186. The applicant sought review of a decision, but the Tribunal ultimately found it lacked jurisdiction to hear the appeal.

The central legal issue before the Tribunal was whether it possessed the jurisdiction to review the decision in question. This depended on whether a "relevant decision" had been made by the Department of Home Affairs that was capable of being reviewed by the AAT.

The Tribunal reasoned that its jurisdiction to review decisions is confined to those prescribed by the Migration Act 1958 (Cth) and associated regulations. In this instance, the Tribunal determined that the application for the visa had not been properly made in the circumstances, meaning there was no "relevant decision" to review. Consequently, the Tribunal concluded that it did not have jurisdiction to proceed with the matter.

As the Tribunal found it lacked jurisdiction, there was no application for review before it to be withdrawn. The Tribunal therefore determined that it did not have jurisdiction in this matter.