Choiceliving(WA) Pty Ltd (Migration)

Choiceliving(WA) Pty Ltd (Migration) concerned an application for review before the Administrative Appeals Tribunal. The applicant, an individual seeking an Employer Nomination (Permanent) visa under the Direct Entry stream (Class EN subclass 186), had their application deemed invalid. The core of the dispute revolved around the validity of the visa application itself, particularly in circumstances where the applicant was outside the migration zone and the application was submitted by their employer.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This question hinged on whether the initial application for the visa had been validly made in accordance with the relevant migration regulations, specifically concerning the requirement for the applicant and their family to submit the application themselves.

The Tribunal determined that the application for review was not properly made under section 347 of the relevant legislation. This conclusion was based on the finding that the visa application itself was invalid. Consequently, as the initial application was invalid, the Tribunal lacked the necessary jurisdiction to proceed with the review. The Tribunal therefore made no order on the merits of the visa application, but rather dismissed the application for review for want of jurisdiction.