Yan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Yan concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The application was made in relation to a decision concerning Mr Yan's sponsorship by an approved sponsor and the approval of a nomination of an occupation.

The central legal issue before the Tribunal was whether there was a reviewable decision that conferred jurisdiction upon the AAT to hear Mr Yan's application. Specifically, the Tribunal had to determine if the decisions relating to the sponsorship and nomination constituted a "Tribunal-reviewable decision" under the relevant migration legislation.

The Tribunal, constituted by Member Nicola Findson, reasoned that as there was no decision that was subject to review by the AAT, the application for review had not been validly made. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of Mr Yan's case. The Tribunal therefore made no orders in relation to the substance of the application, as it was unable to proceed.