Gill (Migration)

The applicant sought review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's appeal, given that the application was made via the internet and the applicant was not physically present within the migration zone at the time of application.

The primary legal issue before the Tribunal was whether the applicant had made a "properly made application" for review under section 347 of the *Migration Act 1958* (Cth). This required the Tribunal to determine if the applicant met the jurisdictional prerequisite of being physically present within the migration zone at the time of lodging the application, as stipulated by section 338(2) of the Act.

The Tribunal reasoned that section 338(2) of the *Migration Act 1958* mandates that an applicant must be physically present within the migration zone for an application for review to be considered properly made. As the applicant was not in the migration zone when they lodged their application via the internet, the Tribunal concluded that the application was not properly made under section 347. Consequently, the Tribunal found it lacked jurisdiction to consider the matter.