1908156 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Department's records indicated the applicant had departed Australia in March 2019 and had not returned. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether it had jurisdiction to hear the applicant's review application.

The central legal issue before the Tribunal was whether the applicant's application for review was validly made under section 412 of the relevant legislation. This validity was contingent on the applicant being within the migration zone at the time the review application was lodged.

The Tribunal found that the applicant was not in the migration zone on 3 April 2019, the relevant date for assessing the validity of the application. Consequently, the Tribunal concluded that the application for review was not a valid application made under section 412. As a result, the Tribunal determined that it lacked jurisdiction to consider the matter. The Tribunal made no orders as it found it had no jurisdiction.