Huang (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant seeking review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant had departed Australia and was not within the migration zone at the time of lodging their application for review.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's application for review, given that the applicant was outside the migration zone when the application was made. This required the Tribunal to determine if the application had been properly made under section 347 of the relevant migration legislation.

The Tribunal found that the applicant had departed Australia on 26 December 2019 and had not returned. Consequently, the Tribunal concluded that the applicant was not in the migration zone at the time the application for review was lodged. As the application was not properly made under section 347, the Tribunal determined that it lacked jurisdiction to proceed with the review. The Tribunal therefore made no order on the merits of the application.