Jiang (Migration)

This matter concerned an application for review of a decision by the Department of Immigration and Border Protection regarding an Employer Nomination (Permanent) visa. The applicant's correspondence address was in China, and departmental records indicated her departure from Australia on 23 February 2016, with no subsequent return.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the review application. This jurisdiction was contingent on the applicant being within the migration zone at the time the review application was lodged, as stipulated by section 347 of the relevant migration legislation.

The Tribunal found that the applicant was not in the migration zone when she made her application for review. Consequently, the application was not considered to be properly made under section 347. As the jurisdictional prerequisite was not met, the Tribunal concluded that it lacked the authority to proceed with the review.

The Tribunal therefore determined that it did not have jurisdiction in this matter.