Wu (Migration)

The Administrative Appeals Tribunal considered an application for merits review concerning a Temporary Skill Shortage (Class GK) – Subclass 482 visa. The applicant sought review of the Department's decision to refuse their visa application.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the merits review application. This depended on whether the applicant had a valid nomination or sponsorship review pending, or an approved nomination, at the time the Department made its refusal decision.

The Tribunal found that, based on the evidence presented, the applicant did not satisfy the jurisdictional prerequisite of having either a valid nomination or sponsorship review pending, nor an approved nomination, at the relevant time. Consequently, the application for merits review was not valid under section 338(2)(d) of the relevant legislation, meaning the Tribunal lacked jurisdiction to proceed with the matter. The Tribunal therefore made no order other than that it did not have jurisdiction.