Athwal (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning Subclass 187 Regional Sponsored Migration Scheme visas. The primary applicant, Mrs Harpreet Kaur Athwal, and her family members, Miss Manikrat Kaur Athwal and Master Sahibjeet Singh Athwal, sought review of a decision. The central dispute revolved around whether the applicants were located within the migration zone at the time of their application for review.

The AAT was required to determine whether the applicants' application for review was a "properly made" application under section 347 of the relevant migration legislation. This question hinged on whether the applicants, specifically the primary applicant, were located within the migration zone at the date the application for review was lodged.

The Tribunal found that the applicants were not within the migration zone at the relevant time. Consequently, the AAT concluded that their application for review did not meet the requirements of section 347, meaning the Tribunal lacked jurisdiction to consider the merits of the application for review in relation to Mrs Athwal and her family members. The Tribunal therefore held that it did not have jurisdiction in relation to these applicants.