McCrossan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Subclass 155 (Five Year Resident Return) visa. The applicant sought review of a decision made by the Department of Home Affairs.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application. This depended on whether the applicant was in the migration zone at the time the application for review was made.

The Tribunal found that the applicant was not in the migration zone at the time of the primary decision. Consequently, the primary decision was not a reviewable decision. As the application for review was therefore not properly made, the Tribunal concluded that it lacked jurisdiction in the matter. The Tribunal dismissed the application for review.