1603315 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant whose visa was cancelled. The Department of Home Affairs maintained that the applicant was not within the migration zone at the time of the visa cancellation, which was a critical factor in determining the validity of the applicant's subsequent application for review.

The central legal issue before the Tribunal was whether the applicant was located within the migration zone when his visa was cancelled on 19 February 2016. This determination was essential to establish whether the Tribunal had jurisdiction to hear the applicant's application for review under section 347 of the relevant migration legislation.

The Tribunal found, based on the Department's movement records, that the applicant was in immigration clearance at the time of his visa cancellation. Consequently, the Tribunal concluded that the applicant was not in the migration zone as required. This finding led the Tribunal to determine that the application for review was not properly made under section 347, and therefore, the Tribunal lacked jurisdiction to proceed with the matter.