1905896 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's case, given the applicant's departure from Australia and the Tribunal's inability to communicate with the applicant. The decision was made by Member Luke Hardy of the AAT.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the applicant's protection visa application. This question hinged on whether the applicant had made a valid application for review under section 412 of the relevant legislation, which in turn depended on the applicant being within the migration zone at the time the application was made.

The Tribunal reasoned that, based on the evidence before it, the applicant was not present within the migration zone at the relevant time. Consequently, the application for review was not considered a valid application made under section 412. As a result, the Tribunal concluded that it lacked jurisdiction to proceed with the review. The Tribunal affirmed the decision under review.