Tran (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a migration matter. The dispute arose from an employer nomination where the review application was lodged by the visa applicant, rather than the sponsor, which was identified as the incorrect party to initiate the review.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This involved determining whether the application was made by the correct party as prescribed by the relevant legislation and whether it was filed within the statutory time limits.

The Tribunal reasoned that the decision under review fell within the scope of s 338(9) and r 4.02(4)(d) of the migration regulations. Under these provisions, only the sponsor, not the visa applicant, could validly make an application for review. As the application was made by the visa applicant, it was not properly made under s 347. Furthermore, the application was filed on 27 February 2018, which was outside the prescribed time limits for seeking a review of the Department's decision. Consequently, the Tribunal concluded it lacked jurisdiction to consider the matter.