Swieboda (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Swieboda concerning a Subclass 482 visa. The dispute arose because Mr Swieboda was not identified in an approved nomination under section 140GB of the *Migration Act 1958* (Cth) that had not ceased, and his standard business sponsorship had been withdrawn.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the delegate's decision. This question turned on whether the applicant's circumstances met the criteria for reviewability under the relevant provisions of the *Migration Act 1958* (Cth).

The Tribunal reasoned that because the applicant was not identified in an approved nomination that had not ceased, and the standard business sponsorship had been withdrawn, the delegate's decision was not reviewable in these circumstances. Consequently, the application for review was not properly made, and the Tribunal lacked jurisdiction to hear the matter.

The Tribunal therefore concluded that it did not have jurisdiction in this matter.