CHEN (Migration)

This matter concerned an application for review by Mr Chen regarding a Subclass 186 Employer Nomination Scheme visa. The application for review was lodged with the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear Mr Chen's application for review. This question turned on whether Mr Chen was located within the migration zone at the time he made his application for review.

The Tribunal found that Mr Chen was not in the migration zone when he made his application for review. Consequently, the Tribunal determined that the application for review was not a valid application made under section 347 of the Migration Act 1958 (Cth).

As the Tribunal lacked jurisdiction, it made no order in relation to the merits of Mr Chen's visa application.