Zhou (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Temporary Business Entry (Temporary Work) (Class UC) visa, subclass 457. The applicant, Mr Zhou, sought review of a decision relating to his visa application. The core of the dispute involved the status of a nomination made by a standard business sponsor, which had ceased to be in effect after 12 months, and the applicant's identification within a subsequent nomination.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the delegate's decision. This question hinged on whether the applicant had been identified in a valid nomination that was in effect at the time of the decision, a prerequisite for the Tribunal to exercise its review powers in this specific migration context.

The Tribunal reasoned that because the sponsor's nomination had ceased to be effective after 12 months and no further nomination application had been made or approved, the applicant was not identified in a current and valid nomination. Consequently, the delegate's decision was not a decision that the Tribunal had the power to review. The Tribunal concluded that the application for review was therefore not properly made, and it lacked jurisdiction to proceed with the substantive merits of the case.