Yang (Migration)

The applicant, Yang, sought review by the Administrative Appeals Tribunal of a decision concerning their application for a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa. The Department of Home Affairs had issued a letter to the applicant.

The primary legal issue before the Tribunal was whether the letter from the Department constituted a "decision" that was reviewable by the Tribunal. This, in turn, determined whether the Tribunal had jurisdiction to hear the applicant's review application.

The Tribunal reasoned that the letter from the Department did not amount to a decision to cancel or refuse the visa. Consequently, there was no decision for the Tribunal to review. As the application for review was not made in relation to a reviewable decision, the Tribunal lacked jurisdiction.

The Tribunal ordered that it does not have jurisdiction in this matter.