Phan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr and Mrs Phan concerning a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The core of the dispute revolved around the applicants' eligibility for review by the Tribunal, given their location at the time of the refusal decision and the subsequent application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicants' review application. This question turned on whether the application for review had been made in accordance with the relevant provisions of the Migration Act 1958 (Cth), specifically concerning the applicants' presence within the migration zone at the time of the refusal and review application. The Tribunal also considered the implications of the applicants' failure to respond to an invitation to comment.

The Tribunal determined that the applicants were not located within the migration zone at the material times. Consequently, the application for review was not considered a "properly made" application under section 347 of the Migration Act 1958 (Cth). As a result, the Tribunal concluded that it lacked jurisdiction to consider the merits of the review application. The Tribunal therefore made no decision on the substantive merits of the visa application itself.