Wei (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal. The applicant, identified as "Wei", sought to challenge a decision related to an Employer Nomination (Permanent) visa. The central dispute revolved around whether the applicant was within the migration zone at the time of lodging her application.

The Tribunal was required to determine whether it had jurisdiction to hear the applicant's review. This depended on whether the application for review was properly made under section 347 of the relevant migration legislation, which in turn required the applicant to have been in the migration zone at the time of application.

The Tribunal found, based on the Department's movement records, that the applicant was outside Australia on 23 May 2017. Consequently, the Tribunal concluded that the applicant was not in the migration zone at the relevant time. As the application for review was not properly made under section 347, the Tribunal determined that it lacked jurisdiction to proceed with the matter. The Tribunal therefore made no substantive decision on the visa application itself, but rather dismissed the review application for want of jurisdiction.