1910571 (Refugee)

The applicant, a citizen of China, sought a protection visa. The primary decision-maker made a decision in relation to the applicant's claim. The applicant then sought review of this decision by the Tribunal.

The central legal issue before the Tribunal was whether it had jurisdiction to review the primary decision. This question turned on whether the applicant was in the migration zone at the time the primary decision was made.

The Tribunal reasoned that for a decision to be reviewable by the Tribunal, the applicant must be within the migration zone at the time of the primary decision. As the applicant was not in the migration zone when the primary decision was made, the decision was not a reviewable decision. Consequently, the application for review was not validly made, and the Tribunal lacked jurisdiction.

The Tribunal therefore concluded that it did not have jurisdiction in this matter.