Olusina (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) concerning Skilled – Independent (Permanent) (Class SI) visas, Subclass 189. The primary applicant sought review of the AAT's decision, while the secondary applicants also sought review.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the applications for review made by the secondary applicants. This question turned on whether the secondary applicants were considered to be within the "migration zone" at the relevant time, as required for the Tribunal to have jurisdiction under section 347 of the relevant legislation.

The Tribunal determined that the secondary applicants were not in the migration zone at the relevant time. Consequently, their applications for review were not properly made under section 347, and the Tribunal lacked jurisdiction in respect of them. However, the Tribunal found that the first named applicant met the criteria for a Subclass 189 visa.

Accordingly, the Tribunal remitted the applications for Skilled – Independent (Permanent) (Class SI) visas for reconsideration. The Tribunal directed that the first named applicant met the specified criteria for a Subclass 189 visa, but affirmed that it did not have jurisdiction in respect of the secondary applicants.