Nyakebere (Migration)

The applicant, Nyakebere, sought review of a decision concerning a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The dispute centred on whether the application for review was validly made. The decision was made by Nora Lamont, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's appeal. This question turned on whether the applicant's application for review was made in accordance with the relevant legislative provisions, specifically concerning the applicant's location at the time the application was lodged.

The Tribunal found that the applicant was not within the migration zone when the application for review was made. Consequently, the Tribunal determined that the application was not properly made under section 347 of the relevant legislation. As a result, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case.

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