Bui (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 836 (Carer) visa. The applicants, identified as Bui, sought review of a decision relating to their visa application.

The central legal issue before the Tribunal was whether the application for review had been validly made under section 347 of the *Migration Act 1958* (Cth). This section imposes a jurisdictional requirement that an applicant must be within the migration zone when making an application for review of certain decisions.

The Tribunal found that the applicants were not located within the migration zone at the time the application for review was lodged. Consequently, the Tribunal determined that the application was not properly made in accordance with section 347. As a result, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.