Tabor (Migration)

The Administrative Appeals Tribunal (Cth) considered the case of Tabor, an applicant for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The central dispute concerned whether the Tribunal had jurisdiction to review the applicant's case, given his location at the time of the review application.

The primary legal issue before the Tribunal was whether the applicant was within the migration zone at the time he made his application for review. This determination was critical to establishing the Tribunal's jurisdiction under section 347 of the *Migration Act 1958* (Cth).

The Tribunal found, based on the Department's movement records, that the applicant had departed Australia on 20 December 2018 and was therefore not in the migration zone at the relevant time. Consequently, the Tribunal concluded that the application for review was not properly made under section 347 of the *Migration Act*. As a result, the Tribunal held that it lacked jurisdiction to consider the substantive issues raised by the applicant.