Levin (Migration)

This matter concerned an application for review by Dr Levin before the Administrative Appeals Tribunal (AAT). The dispute centred on whether Dr Levin's application for a Skilled (Provisional) (Class VC) visa was validly made, specifically concerning his location at the time of application.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Dr Levin's application for review. This jurisdiction was contingent upon Dr Levin having made a "properly made" application under section 347 of the *Migration Act 1958* (Cth). The critical factual determination for this jurisdictional question was whether Dr Levin was located within the migration zone at the time he lodged his visa application.

The Tribunal, constituted by Member Katie Malyon, found that Dr Levin was not in the migration zone at the relevant time. Consequently, the Tribunal concluded that the application for review was not a "properly made" application as required by section 347 of the Act. As a result, the Tribunal determined that it lacked jurisdiction to proceed with the review.