Singh (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning a Temporary Business Entry (Class UC) Temporary Work (Skilled) visa, subclass 457. The applicant, Mr. Singh, sought review of a decision made by a delegate of the Minister.

The primary legal issue before the AAT was whether the delegate's decision was reviewable under section 338(2)(d)(ii) of the Migration Act 1958 (Cth) and regulation 4.02(4) of the Migration Regulations 1994 (Cth). This question arose because the visa application was not the subject of an approved nomination.

The Tribunal determined that the delegate's decision was not reviewable in the circumstances presented. The reasoning was that the specific provisions under which review was sought, namely section 338(2)(d)(ii) and regulation 4.02(4), did not extend to decisions where there was no approved nomination. Consequently, the AAT concluded that it lacked jurisdiction to hear the application for review.