Bokhari (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Bokhari concerning his application for a Subclass 155 (Five Year Resident Return) visa. The dispute arose because Mr. Bokhari was outside Australia when he sought review of a decision, and the Tribunal found it lacked jurisdiction to hear his application.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider Mr. Bokhari's application for review of the visa refusal. This turned on the requirement that an applicant must be within the migration zone at the time an application for review is lodged, as stipulated by section 347 of the relevant legislation.

The Tribunal reasoned that Mr. Bokhari departed Australia on 9 March 2020 and was not in the migration zone when he lodged his application for review. It held that the legislative requirement for an applicant to be in the migration zone at the time of lodging an application for review is mandatory and that the Tribunal has no discretion to waive this requirement, even in circumstances where unforeseen events, such as COVID-19 travel restrictions, prevent an applicant's return to Australia. Consequently, the Tribunal concluded that Mr. Bokhari's application for review was not properly made under section 347.

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