Jones and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, Jones, sought judicial review of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' decision to refuse their application for a Working Holiday (Temporary) (Class TZ) visa. The core of the dispute concerned whether the applicant satisfied the character test for the visa. The matter was heard in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant met the character requirements for the visa, particularly in light of a change in their circumstances. A key issue was the applicant's location at the time of the application and the hearing, and whether this impacted the assessment of their eligibility, given that they had previously held a Subclass 417 visa and were not in Australia at the time of the hearing.

The Tribunal found that a critical condition for the grant of the visa was that the applicant must be in Australia at the time of the application if they were to be in Australia at the time of the grant. As the applicant was not in Australia at the time of the hearing, and therefore not in Australia at the time of the grant, they did not satisfy this requirement. Consequently, the application was dismissed.