Bibby (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Bibby for a Subclass 155 (Five Year Resident Return) visa. The core of the dispute concerned whether the AAT had jurisdiction to review the Department's decision regarding Bibby's visa application, given Bibby's location at the time of the primary decision and the lodgement of the review application.

The primary legal issue before the Tribunal was whether Bibby had made a "properly made" application for review under section 347 of the *Migration Act 1958* (Cth). This, in turn, depended on whether Bibby was located within the migration zone at the time the review application was lodged.

The Tribunal reasoned that the Department's movement records indicated Bibby was outside of Australia at both the time of the primary decision and when the review application was submitted. Consequently, the Tribunal concluded that Bibby was not in the migration zone at the relevant time. As a result, the application for review was not considered to be properly made under section 347 of the *Migration Act 1958* (Cth).

The Tribunal determined that it lacked jurisdiction to hear the matter.