SJD Property Group Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 186 Employer Nomination Scheme visa. The review application was lodged by the nominator organisation, SJD Property Group Pty Ltd, rather than the individual visa applicant.

The central legal issue before the Tribunal was whether the review application had been properly made, specifically whether the nominator organisation had the standing to lodge such an application under the relevant migration legislation. This required the Tribunal to determine who is permitted to make a review application for a decision falling within the scope of section 338(7A) of the *Migration Act 1958* (Cth).

The Tribunal reasoned that section 338(7A) of the *Migration Act* dictates that for decisions of the type under review, only the non-citizen who is the subject of the decision can make an application for review. As the application was made by the nominator organisation and not the visa applicant, it did not satisfy the requirements of section 347 of the Act. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter. The Tribunal therefore dismissed the application for review.