Hirae (Migration)

The Administrative Appeals Tribunal (AAT) considered the matter of Hirae, concerning an application for review of a decision relating to an Employer Nomination (Permanent) (Class EN) visa, Subclass 186 (Employer Nomination Scheme). The applicants sought review of a decision made by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This jurisdiction was contingent on the applicants being physically present within the migration zone at the time the primary decision was made.

The Tribunal determined that the applicants were not in the migration zone at the relevant time. Consequently, their application for review was not properly made under section 347 of the *Migration Act 1958* (Cth). As such, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.

The Tribunal therefore made no order on the merits of the visa application, as it had no jurisdiction to do so.