Jackson (Migration)

The applicant, Jackson, sought review by the Administrative Appeals Tribunal of a decision concerning their Partner (Provisional) (Class UF) visa, Subclass 309. The core of the dispute revolved around whether the Tribunal had jurisdiction to hear the application for review.

The legal issue before the Tribunal was whether the decision made regarding Jackson's visa application was a "reviewable decision" within the meaning of the relevant migration legislation, given that Jackson was outside the migration zone at the time the primary decision was made.

The Tribunal, constituted by Member Jane Marquard, reasoned that for a decision to be reviewable by the Tribunal, the applicant must be within the migration zone at the time the primary decision is made. As Jackson was outside the migration zone when the decision was made, the decision was not a reviewable decision. Consequently, the application for review was not validly made, and the Tribunal lacked jurisdiction to consider the matter. The Tribunal therefore concluded it did not have jurisdiction.