JAAFAR (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Visitor (Class FA) visa, Subclass 600. The applicant sought review of a decision, but the Tribunal found that the application for review was not properly made.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's appeal. This question turned on two key considerations: whether the applicant was within the migration zone at the time of the original decision and at the time the application for review was lodged, and whether the correct application fee had been paid.

The Tribunal determined that the applicant had departed Australia prior to both the original decision and the lodging of the review application, meaning they were not within the migration zone at the relevant times. Furthermore, the Tribunal noted that the application fee had not been paid. Applying section 347 of the relevant legislation, the Tribunal concluded that these failures meant the application for review was not properly made, and therefore the Tribunal lacked jurisdiction to proceed.

Consequently, the Tribunal ordered that it did not have jurisdiction in this matter.