LIU (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision, but the central dispute revolved around whether the applicant was located within the migration zone at the time their application was made.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's appeal. This question hinged on whether the application for review was validly made under section 347 of the relevant migration legislation, which in turn depended on the applicant's physical location at the time of application.

The Tribunal determined that the applicant was not within the migration zone when the application was lodged. Consequently, the Tribunal concluded that the application for review was not properly made under section 347. As a result, the Tribunal found that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal therefore made no order in relation to the substantive application for review.