Binti Hussin (Migration)

This matter concerned an application for review of a decision made by a delegate of the Minister regarding an Electronic Travel Authority (Class UD) visa, subclass 601. The applicant, Binti Hussin, sought to challenge the refusal of her visa application.

The primary legal issue before the Tribunal was whether the delegate's decision was a reviewable decision under the relevant provisions of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if it possessed jurisdiction to consider the merits of the applicant's case, given the nature of the visa and the circumstances under which the application was made.

The Tribunal reasoned that the applicant's visa application was made while she was outside the migration zone. Under the *Migration Act 1958* (Cth), decisions made in such circumstances, particularly concerning Electronic Travel Authority visas, are not reviewable under Parts 5 or 7 of the Act. Consequently, the Tribunal concluded that the application for review had not been validly made and that it lacked jurisdiction to consider the merits of the applicant's application or the reasons for the refusal. The Tribunal therefore did not have jurisdiction in this matter.