Shen (Migration)

The Administrative Appeals Tribunal considered a migration matter involving applicants seeking review of a decision concerning Business Skills (Provisional) visas. The core of the dispute was whether the applicants' application for review was validly made under the relevant migration legislation.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This jurisdiction was contingent upon the applicants being within the migration zone at the time their review application was lodged, as stipulated by section 347 of the relevant legislation.

The Tribunal found, based on the Department's movement records, that none of the applicants were present in Australia when the review application was filed. Consequently, the Tribunal determined that the application was not made in accordance with the requirements of section 347. As the statutory preconditions for lodging a valid review application were not met, the Tribunal concluded that it lacked jurisdiction to consider the matter.