Chen (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant who had applied for a Work and Holiday (Temporary) (Class US) visa. The central dispute concerned the applicant's presence within the migration zone at the time their visa application was being considered, which was a prerequisite for the Tribunal to exercise its jurisdiction.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the applicant's visa application. This depended on whether the applicant was considered to be within the migration zone at the relevant time, as stipulated by the relevant migration legislation.

The Tribunal determined that, based on the Department's movement records, the applicant had departed Australia and was therefore not in the migration zone. Consequently, the Tribunal found that the applicant's visa application was not Part 5-reviewable under section 338(2)(a) of the Migration Act 1958 (Cth). The Tribunal concluded that it lacked jurisdiction to hear the matter.