YAO (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 500. The applicant, YAO, sought review of a decision, but the Tribunal ultimately found it lacked jurisdiction.

The central legal issue before the Tribunal was whether there had been a reviewable decision made prior to the lodgement of the application for review. This question was critical to determining whether the Tribunal had the authority to hear the applicant's case.

The Tribunal's reasoning was that, based on the information before it, no decision that was amenable to review by the Tribunal had been made at the time the review application was lodged. Consequently, the application was deemed not to have been properly made, and the Tribunal concluded it did not possess jurisdiction to proceed with the matter.