Liu (Migration)

The Administrative Appeals Tribunal considered the migration matter of Liu and another applicant. The dispute concerned whether the applicants were within the migration zone at the time they made their application for review of a decision regarding an Employer Nomination (Permanent) visa.

The Tribunal was required to determine whether it had jurisdiction to hear the application for review. This depended on whether the applicants had made a "properly made" application under section 347 of the *Migration Act 1958* (Cth), which in turn required them to have been in the migration zone at the time of lodging the review application.

The Tribunal found that the Department's movement records indicated the applicants were not in Australia when the review application was lodged. Consequently, the Tribunal concluded that the applicants were not in the migration zone at the relevant time, meaning the application for review was not properly made under section 347. As a result, the Tribunal determined it lacked jurisdiction to consider the matter.