2110328 (Refugee)

The applicant, a citizen of China, sought a protection visa. The dispute concerned the validity of the applicant's application for review of a decision made by the Minister. The matter came before the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application. This question turned on whether the applicant was located within the migration zone at the time the application for review was lodged, as required by section 412 of the relevant legislation.

The Tribunal found, based on the evidence presented, that the applicant was not within the migration zone when the review application was made. Consequently, the Tribunal determined that the application for review was not a valid application under section 412. As a result, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case.

The Tribunal ordered that it does not have jurisdiction in this matter.