CHUNG (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal, brought by the sponsor of a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The central dispute revolved around whether the Tribunal had jurisdiction to hear the review application, which in turn depended on the location of the visa applicant at the time the review application was lodged.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the application for review. This jurisdiction was contingent upon the visa applicant being within the migration zone when the application for review was made, as required by section 347 of the relevant migration legislation.

The Tribunal determined that it lacked jurisdiction because the visa applicant, Ms Lui, was not in the migration zone at the time the application for review was lodged. Departmental records indicated Ms Lui had departed Australia on 1 January 2017 and had not returned. Consequently, the Tribunal concluded that the application for review was not properly made under section 347, as the applicant was outside the migration zone.

The Tribunal therefore made the decision that it did not have jurisdiction in this matter.