Ho (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant concerning a Student (Temporary) (Class TU) visa, subclass 500. The central dispute revolved around whether the applicant was located 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's physical location within the migration zone at the time of lodging the review application.

The Tribunal determined that the applicant was not in the migration zone when the application for review was made. Consequently, the Tribunal concluded that the application was not properly made under section 347. As a result, the Tribunal found that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal made no orders as it determined it did not have jurisdiction.