ZHANG (Migration)

The applicant, ZHANG, sought review of a decision concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The dispute arose because the application for review was made by the visa applicant, rather than the sponsor, and the applicant was not in the migration zone at the time of application. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This depended on whether the application for review was properly made in accordance with the relevant legislative provisions.

The Tribunal reasoned that the decision under review was one covered by subsection 338(9) and subregulation 4.02(4)(l) of the Migration Regulations. Under these provisions, only the sponsor could make an application for review. As the application for review was made by the visa applicant, it was not an application properly made under section 347 of the Migration Act. Consequently, the Tribunal concluded it lacked jurisdiction.

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