Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms. Wang concerning a decision made by a delegate regarding her Visitor (Class FA) visa application. Ms. Wang had indicated an intention to visit a close friend but had not nominated a sponsor for her visa application. The core of the dispute was whether the AAT had jurisdiction to review the delegate's decision.

The primary legal issue before the AAT was whether the delegate's decision constituted a "Part-5 reviewable decision" under the relevant migration legislation. This determination was crucial for establishing whether Ms. Wang had a right to a merits review of the decision by the Tribunal.

The AAT, constituted by Member Mary Sheargold, reasoned that the delegate's decision did not meet the criteria for a Part-5 reviewable decision. Consequently, there was no right of merits review available to Ms. Wang for this particular decision. As the decision was not reviewable, the application for review was deemed not to have been validly made, and the Tribunal concluded it lacked jurisdiction in the matter. The Tribunal therefore made no orders other than to state that it did not have jurisdiction.