Wang (Migration) [2018] AATA 5947

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Wang concerning a decision made by a delegate of the Minister for Home Affairs. The dispute arose from the refusal of an employer's sponsorship application, which was a prerequisite for Mr. Wang's visa application under the Temporary Business Entry (Temporary Work) (Class UC) visa category.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the delegate's decision. This question hinged on whether the delegate's decision was a "reviewable decision" within the meaning of the relevant migration legislation, particularly in light of the fact that the employer's nomination application had not been assessed and finalised.

The Tribunal reasoned that for the AAT to have jurisdiction, there must be a valid application for review of a reviewable decision. In this instance, the delegate's decision to refuse the employer's sponsorship application was made in circumstances where the nomination application had not been finalised, and there was no evidence of a further nomination application being lodged. Consequently, the Tribunal concluded that the delegate's decision was not a reviewable decision under the Migration Act 1958 (Cth).

As the delegate's decision was not reviewable in these circumstances, the Tribunal found that Mr. Wang's application for review was not properly made. Accordingly, the Tribunal determined that it did not have jurisdiction to hear and determine the matter.