Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Singh, who sought review of a decision concerning an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme). Mr Singh had lodged an application for review with the Tribunal, believing that a letter he received from the Department constituted a refusal of his visa application.

The central legal issue before the Tribunal was whether it had jurisdiction to hear Mr Singh's application for review. This depended on whether a reviewable decision had actually been made by the Department at the time Mr Singh lodged his application with the AAT.

The Senior Member, Kira Raif, reasoned that the letter received by Mr Singh did not amount to a refusal of his visa application. Consequently, no Tribunal-reviewable decision had been made at the time the review application was lodged. As a result, the application was not properly made, and the Tribunal lacked jurisdiction to proceed with the matter. The Tribunal therefore concluded that it did not have jurisdiction in this matter.