Phan (Migration)

The applicant, Phan, sought review of a decision concerning a Student (Temporary) (Class TU) visa, Subclass 590 (Guardian). The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's review application.

The primary legal issue before the Tribunal was whether the applicant was located within the migration zone at the time of lodging their application for review. This determination was crucial for establishing the Tribunal's jurisdiction under section 347 of the relevant migration legislation.

The Tribunal considered the applicant's response but ultimately relied on the Department's movement records, which indicated the applicant was not present in the migration zone when the review application was lodged. Consequently, the Tribunal found that the application for review was not properly made under section 347, and therefore, the Tribunal lacked jurisdiction to consider the matter. The Tribunal made no orders as it determined it did not have jurisdiction.