Lazaro Vasconcellos (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs regarding a Temporary Skill Shortage (Class GK) visa (Subclass 482). The applicant, Lazaro Vasconcellos, sought review of the Department's decision. The review was heard by the Tribunal.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application. This question hinged on whether the applicant was located within the migration zone at the time they lodged their application for review.

The Tribunal considered the Department's movement records, which indicated that the applicant had departed Australia on 23 July 2023 and returned on 19 August 2023. Based on these records, the Tribunal found that the applicant was not within the migration zone at the relevant time. Consequently, the Tribunal determined that the application for review was not properly made under section 347 of the relevant legislation, and therefore, the Tribunal lacked jurisdiction to proceed with the matter.

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