Zhao (Migration)

The Administrative Appeals Tribunal considered the migration applications of Ms Jing Zhao, Mr Haoyu Chen, and Mr Liang Chen. The primary dispute concerned whether the Tribunal had jurisdiction to review the decisions relating to Ms Zhao and Mr Haoyu Chen, and whether Mr Liang Chen met the criteria for a Regional Employer Nomination (Permanent) visa (subclass 187).

The Tribunal was required to determine two key legal issues. Firstly, whether Ms Zhao and Mr Haoyu Chen were within the migration zone at the time they lodged their applications for review with the Tribunal, which would establish the Tribunal's jurisdiction. Secondly, the Tribunal had to determine if Mr Liang Chen was a member of the family unit of a primary applicant who held a subclass 187 visa, and if he had satisfied the primary criteria for the visa himself.

In relation to Ms Zhao and Mr Haoyu Chen, the Tribunal found, based on departmental movement records, that they were not in Australia when their applications for review were lodged. Consequently, the Tribunal concluded that their applications were not properly made under section 347 of the relevant Act, and therefore, it lacked jurisdiction to consider their cases. Regarding Mr Liang Chen, the Tribunal determined that he was not a member of the family unit of a person holding a subclass 187 visa. Furthermore, Mr Chen had not claimed to satisfy the primary criteria for the visa. Accordingly, the Tribunal affirmed the decision not to grant Mr Liang Chen the visa.