Torne (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme). The applicants sought review of the refusal decisions made by the Department of Home Affairs.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the refusal decisions. This question turned on whether the applicants were present in the migration zone at the time they lodged their applications for review with the Tribunal.

The Tribunal found that the first, second, and sixth named applicants were present in the migration zone when they lodged their applications for review. Consequently, the Tribunal had jurisdiction to consider their applications and confirmed the decision to dismiss their applications for review. However, the Tribunal determined that the third, fourth, and fifth named applicants were not present in the migration zone at the time they lodged their applications for review. As a result, the Tribunal lacked jurisdiction to review the refusal decisions made in relation to these applicants.