Smith (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Smith concerning a decision made by a delegate of the Minister regarding his Visitor (Class TV) visa, specifically a Subclass 651 (eVisitor) visa. The core of the dispute revolved around whether the AAT possessed the legal authority to hear Mr Smith's appeal.

The primary legal issue before the Tribunal was whether the delegate's decision to refuse or grant the Subclass 651 visa was a decision that could be lawfully reviewed by the AAT under the relevant provisions of the *Migration Act 1958* (Cth). This question turned on whether the specific visa subclass in question fell within the categories of decisions amenable to review by the Tribunal.

Member James Silva reasoned that the Subclass 651 (eVisitor) visa was not listed as a reviewable decision under Parts 5 or 7 of the *Migration Act 1958* (Cth). Consequently, the Tribunal concluded that Mr Smith's application for review had not been validly made, as it was directed to a decision outside the scope of the AAT's jurisdiction. The Tribunal therefore held that it lacked the necessary jurisdiction to proceed with the review.