Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 187 Regional Sponsored Migration Scheme visa. The applicant for review was the nominating business, rather than the non-citizen who was the subject of the migration decision. The non-citizen was also noted as being outside the migration zone.

The central legal issue before the Tribunal was whether the application for review had been validly made. Specifically, the Tribunal had to determine who was entitled to make an application for review under the relevant provisions of the *Migration Act 1958* (Cth) in circumstances where the decision under review was covered by s 338(7A) of the Act.

The Tribunal reasoned that s 338(7A) of the *Migration Act 1958* (Cth) stipulates that only the non-citizen who is the subject of the decision can make an application for review. As the review application in this instance was lodged by the nominating business, it did not meet the requirements of s 347 of the Act. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore dismissed the application for review.