Perfecto (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of the visa cancellation decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the visa cancellation decision, given that the applicant was outside the migration zone at the time of the cancellation.

The Tribunal determined that, pursuant to section 338(3) of the *Migration Act 1958* (Cth), a decision is not reviewable by the Tribunal if the applicant was not in the migration zone when the decision was made. The Tribunal found that the applicant was outside the migration zone at the time of the visa cancellation. Consequently, the Tribunal concluded that the application for review was not validly made and that it lacked jurisdiction to hear the matter. The Tribunal therefore dismissed the application.