Li (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Li (Migration)*, concerning an application for a Business Skills – Business Talent (Permanent) visa (Subclass 132). The dispute involved two applicants, one of whom had previously departed Australia. The AAT was required to determine whether it had jurisdiction to consider the application of the first applicant and whether the decision to refuse the visa for the second applicant should be affirmed.

The primary legal issue before the Tribunal was whether the first applicant was physically present in the migration zone at the time of the review application, a jurisdictional prerequisite for the Tribunal to consider their case. Relatedly, the Tribunal had to determine if the second applicant, who was a member of the family unit, qualified for the visa in light of the first applicant's circumstances and departure from Australia.

The Tribunal found that it lacked jurisdiction in respect of the first applicant because they were not physically present in the migration zone when the review application was lodged. Consequently, the Tribunal affirmed the decision in respect of the second applicant, as the primary applicant's failure to meet the jurisdictional requirements meant the visa could not be granted.