Tran (Migration)

The Administrative Appeals Tribunal considered the matter of Tran (Migration), involving applicants Mrs Xuan Sang Tran and Mr Dang Tuan Khanh L. The dispute concerned the validity of their applications for review lodged with the Tribunal, which the Department of Home Affairs challenged on the basis that the applicants were not within the migration zone at the time of lodgement.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applications for review. This jurisdiction was contingent upon the applicants being present within the migration zone at the time their applications were lodged, as required by section 347 of the relevant migration legislation.

The Tribunal found that the Department's movement records indicated that Mrs Tran had been outside Australia since 13 August 2019 and Mr L since 4 December 2019. Crucially, these records showed both applicants remained outside Australia when their applications were lodged with the Tribunal on 13 September 2020. Consequently, the Tribunal concluded that the applicants were not in the migration zone at the relevant time, meaning their applications were not properly made under section 347.

As a result of this finding, the Tribunal determined that it did not have jurisdiction to consider the matter.