Webber (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Webber concerning a Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The core of the dispute revolved around whether Webber was within the migration zone at the time of application, a crucial factor for visa eligibility.

The primary legal issue before the Tribunal was to determine whether it possessed jurisdiction to review the delegate's decision. This question hinged on whether Webber's application for review had been validly made, which in turn depended on the circumstances surrounding the delegate's decision and its reviewability.

The Tribunal found that, based on the specific circumstances presented, the delegate's decision was not subject to review. Consequently, the Tribunal concluded that Webber's application for review had not been properly made, and therefore, the Tribunal lacked jurisdiction to hear the matter. The Tribunal therefore dismissed the application for review.