Singh (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) by Mr Singh, who had sought a Temporary Business Entry Subclass 457 visa. The core of the dispute revolved around the validity of the nomination and sponsorship underpinning Mr Singh's visa application at the time the delegate made their decision.

The Administrative Appeals Tribunal was required to determine whether it had jurisdiction to hear Mr Singh's application for review. This question turned on whether the delegate's decision was a reviewable decision, which in turn depended on the status of the nomination and sponsorship at the relevant time. Specifically, the Tribunal had to consider if the applicant was identified in an approved nomination, if there was a pending review of a decision not to approve the nomination, and whether the nominator was an approved sponsor at the time of the delegate's decision.

The Tribunal found that at the time the delegate made their decision, Mr Singh was not identified in an approved nomination, nor was there any pending review of a decision not to approve the nomination. Crucially, the nominator was also not an approved sponsor. Consequently, the delegate's decision was not a reviewable decision. As the delegate's decision was not reviewable in these circumstances, the application for review was not properly made, and the Tribunal concluded it lacked jurisdiction in the matter.