Parvesh Kumar (Migration)

This matter concerned an application for review of a decision relating to a Subclass 187 Regional Sponsored Migration Scheme visa. The applicant, Parvesh Kumar, sought review of a decision made by the Department of Immigration and Border Protection.

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 located within the migration zone at the time the application for review was lodged.

The Tribunal found, based on the Department's movement records, that the applicant had departed Australia on 17 February 2016 and that the application for review was made while the applicant was in India. Consequently, the Tribunal determined that the applicant was not in the migration zone at the relevant time. As such, the application for review was not properly made under section 347 of the relevant legislation, and the Tribunal concluded it lacked jurisdiction to proceed. The Tribunal therefore dismissed the application for review.