Slavik (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Slavik for review of a decision concerning his Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). Mr. Slavik was sponsored by an approved sponsor, and a nomination of an occupation had been approved. The central dispute revolved around whether the AAT had jurisdiction to review the delegate's decision.

The primary legal issue before the Tribunal was whether the delegate's decision was a "Tribunal-reviewable decision" as defined by the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the decision fell within the scope of Parts 5 or 7 of the Act, which prescribe the types of decisions that are subject to AAT review.

The Tribunal reasoned that the delegate's decision was not reviewable under Parts 5 or 7 of the *Migration Act 1958* (Cth). Consequently, the application for review lodged by Mr. Slavik was not a properly made application. The Tribunal concluded that it therefore lacked jurisdiction to hear and determine the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.