1604153 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review brought by the applicants concerning a decision made under the *Migration Act 1958* (Cth). The core of the dispute revolved around whether the applicants were located within the migration zone at the time their application for review was lodged.

The primary legal issue before the Tribunal was to determine whether the applicants' application for review was a "properly made" application under section 347 of the *Migration Act 1958* (Cth). This determination was contingent on establishing whether the applicants were physically present within the migration zone at the relevant time.

The Tribunal reasoned that if the applicants were not in the migration zone when they lodged their application, then the application could not be considered properly made under section 347. Consequently, the Tribunal concluded that it lacked jurisdiction to hear and determine the matter. The Tribunal therefore found that it did not have jurisdiction in this matter.