Stukalova (Migration)

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

The central legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision. This question hinged on whether the delegate's decision was of a kind that was reviewable by the Tribunal under the relevant migration legislation.

The Tribunal, constituted by Member Mary Sheargold, determined that the delegate's decision was not reviewable in the circumstances presented. Consequently, the Tribunal concluded that the application for review had not been validly made, and therefore, the Tribunal lacked jurisdiction to hear the matter.