Tarantino (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) concerning a decision made by a delegate in relation to a Class GC Training and Research-Occupational Trainee visa (subclass 402). The applicant had lodged an application for a subclass 407 visa, which was a program that transitioned from the subclass 402 visa.

The primary legal issue before the AAT was whether the delegate's decision was a reviewable decision for the purposes of an application for review to the Tribunal. This question arose in the context of legislative changes that had introduced the subclass 407 program as a successor to the subclass 402 visa.

The AAT Member, Alison Mercer, determined that the delegate's decision was not reviewable in the circumstances presented. Consequently, the application for review lodged with the Tribunal was not considered to have been properly made, and the Tribunal therefore lacked jurisdiction to hear the matter. The Tribunal concluded that it did not have jurisdiction in this matter.