1909086 (Refugee)

The applicant sought a protection visa, but the Administrative Appeals Tribunal (AAT) determined it lacked jurisdiction to review the application. The dispute centred on whether the applicant was within the "migration zone" at the time the review application was lodged.

The primary legal issue before the AAT was whether it possessed jurisdiction to consider the applicant's review application. This depended on whether the applicant was located within the migration zone as defined by the relevant legislation when the application was made.

The AAT Member, Frances Simmons, found that the evidence indicated the applicant was not in Australia when the review application was lodged. Consequently, the applicant was not within the migration zone at the relevant time. As the application for review was not validly made under section 412 of the relevant Act, the AAT concluded it did not have jurisdiction to hear the matter. The Tribunal therefore made no decision on the merits of the protection visa application.