ZHAO (Migration)

The Administrative Appeals Tribunal (AAT) considered the matter of ZHAO, concerning an application for a Subclass 186 Employer Nomination Scheme visa. The core dispute revolved around the Tribunal's jurisdiction to review the decision.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicants' application for review, given that the applicants were not located within the migration zone at the time the review application was lodged.

The Tribunal reasoned that section 347 of the *Migration Act 1958* (Cth) prescribes specific requirements for making an application for review to the Tribunal, including the applicant's location. As the applicants failed to meet the criterion of being within the migration zone at the relevant time, their application for review was not considered properly made under the Act. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the review. The Tribunal therefore made no order other than to dismiss the application for lack of jurisdiction.