AAQIB (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of AAQIB, concerning an application for a Regional Employer Nomination (Permanent) visa, Subclass 187. The central dispute revolved around whether the applicant, Mr. Aaqib, met a crucial requirement of the visa subclass, specifically being within the migration zone at the time of lodging his application.

The primary legal issue before the Tribunal was to determine whether Mr. Aaqib satisfied the requirement of being present within the migration zone when he made his application for the visa. This determination was critical to establishing the Tribunal's jurisdiction to review the decision.

The Tribunal found that Mr. Aaqib was not located within the migration zone at the time his application was made. Consequently, the Tribunal concluded that his application for review was not a "properly made" application under section 347 of the relevant Act. As a result, the Tribunal held that it lacked jurisdiction to hear and determine the matter.