Tran (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) in relation to a Temporary Skill Shortage (TSS) (Class GK) visa, Subclass 482. The applicant, identified as Tran, sought review of a decision made by a delegate of the Minister.

The primary legal issue before the AAT was whether the delegate's decision was a reviewable decision for the purposes of the Migration Act 1958 (Cth). Specifically, the Tribunal was required to determine if the decision fell within the limited categories of decisions that are subject to merits review under the Act, particularly in the context of an approved nomination for a TSS visa.

The Tribunal reasoned that the delegate's decision was not a reviewable decision because it did not relate to a visa application that had been finally determined, nor was it identified in an approved nomination that was pending review. As the decision was not of a kind that could be reviewed by the Tribunal, the application for review was therefore not validly made, and the Tribunal lacked jurisdiction to hear the matter.

Consequently, the Tribunal concluded that it did not have jurisdiction to consider the application for review.