NGUYEN (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The central issue was whether the applicant was eligible to lodge a review application given their location at the time.

The Tribunal was required to determine whether it had jurisdiction to hear the applicant's review application. Specifically, the Tribunal had to ascertain if the applicant met the legislative requirements for lodging a review application, particularly concerning their presence within the migration zone at the relevant date.

The Tribunal's reasoning was guided by the Migration Act 1958 (Cth) and associated regulations. It noted that the applicant was not within the migration zone on the date the review application was lodged. The Tribunal acknowledged the unfortunate circumstances, particularly that the applicant's representative had not informed them of the requirement to be in the migration zone, which would have allowed for a timely application. However, the Tribunal concluded that it had no power or discretion to deviate from the clear legislative requirements.

Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal made no order in relation to the substantive application for review.