Edano (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of an individual, identified as Edano, concerning a Visitor (Class FA) visa, Subclass 600. The core of the dispute revolved around the applicant's presence within the migration zone at the time their application for review was lodged.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's case. This jurisdiction was contingent upon the applicant having made a "properly made" application under section 347 of the relevant migration legislation, which in turn depended on the applicant being within the migration zone at the time of lodging the application.

The Tribunal's reasoning focused on the Department's movement records, which indicated that the applicant had departed Australia on 6 February 2018 and had not subsequently returned. Based on this evidence, the Tribunal concluded that the applicant was not in the migration zone when the application for review was made. Consequently, the Tribunal held that the application was not properly made under section 347, and therefore, the Tribunal lacked jurisdiction to proceed with the review.