Yat Chi (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning an applicant for a Visitor (Class FA) visa, Subclass 600. The central dispute revolved around whether the applicant was required to be within the migration zone at the time of lodging their visa application.

The primary legal issue before the Tribunal was to determine whether it possessed jurisdiction to review the delegate's decision. This question hinged on whether the delegate's decision was reviewable under Parts 5 or 7 of the *Migration Act 1958* (Cth).

The Tribunal reasoned that if the delegate's decision was not subject to review under the specified Parts of the Act, then the subsequent application for review to the Tribunal could not have been validly made. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.

The Tribunal therefore ordered that it did not have jurisdiction in this matter.