Hongchoon (Migration)

The Administrative Appeals Tribunal (AAT) considered the matter of Hongchoon, concerning an application for review of a decision relating to Subclass 186 Employer Nomination Scheme visas. The applicants sought review of a decision, but the Tribunal was required to determine whether it had jurisdiction to hear the application.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review the decision, given that the applicants were not located within the migration zone at the time their application for review was made. This question turned on the proper interpretation and application of section 347 of the relevant migration legislation.

The Tribunal reasoned that section 347 of the Migration Act 1958 (Cth) requires an applicant for review to be within the migration zone at the time the application for review is made. As the Tribunal found that the applicants were not in the migration zone at the relevant time, the application for review was not properly made under section 347. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the review.

The Tribunal determined that it did not have jurisdiction in this matter.