CHU (Migration)

The applicant, CHU, sought judicial review of a decision by the Migration Review Tribunal. The dispute concerned CHU's application for a Student (Temporary) (Class TU) visa, subclass 500, with the central issue being whether CHU was within the migration zone at the time of lodging the application. The matter came before Member David Barker of the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider CHU's application for review. This jurisdiction was contingent upon the application being properly made under section 347 of the relevant migration legislation. The critical factual determination for establishing jurisdiction was whether CHU was located within the migration zone at the time the application was lodged.

Member Barker reasoned that because CHU was not in the migration zone when the application was made, the application was not properly made under section 347. Consequently, the Tribunal lacked the necessary jurisdiction to hear and determine the merits of CHU's application.

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