Chen (Migration)

The applicant, Chen, sought review of a decision concerning a Return (Residence) (Class BB) visa. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's case. The decision was made by Member Hugh Sanderson of the AAT.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's application for review. This question hinged on whether the applicant had been in the migration zone at the relevant time as required by the Migration Act 1958 (Cth).

The Tribunal reasoned that the applicant had departed Australia and was therefore not in the migration zone at the time the application for review was made. Consequently, the Tribunal concluded that the application was not properly made under section 347 of the Migration Act 1958 (Cth). As a result, the Tribunal found it lacked jurisdiction to hear the matter.

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