Kaur (Migration)

The applicant, Ms Kaur, sought review of a decision concerning her Student (Temporary) (Class TU) visa, Subclass 500. The core of the dispute revolved around whether Ms Kaur was located within the migration zone at the time she lodged her application. The Administrative Appeals Tribunal (AAT) was tasked with determining its jurisdiction to hear the matter.

The primary legal issue before the Tribunal was whether the applicant had made a "properly made" application for review under section 347 of the relevant migration legislation. This, in turn, depended on whether the applicant was located within the migration zone at the time of lodging her application, as required by the legislation.

The Tribunal found, based on the Department's movement records, that the applicant was outside the migration zone on 12 April 2018, the date her application was made. Consequently, the Tribunal concluded that the application for review was not properly made under section 347. As a result, the Tribunal determined that it lacked jurisdiction to consider the merits of Ms Kaur's application.