Weng (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr Weng for review of a decision concerning his Business Skills (Provisional) visa (Subclass 188). The central dispute revolved around whether Mr Weng was located within the migration zone at the time he sought to make his application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr Weng's application. This question turned on whether the application for review had been "properly made" under section 347 of the relevant Act, which in turn depended on Mr Weng's physical location within the migration zone at the time of lodging the application.

The Tribunal determined that Mr Weng was not in the migration zone when he lodged his application for review. Consequently, the Tribunal concluded that the application was not properly made in accordance with section 347 of the Act. As a result, the Tribunal found that it lacked jurisdiction to consider the merits of Mr Weng's case. The Tribunal therefore made no order other than that it did not have jurisdiction in the matter.