ZHANG (Migration)

The Administrative Appeals Tribunal (AAT) considered a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse) application made by Mr Zhang. The Department of Home Affairs had refused Mr Zhang's visa application. Mr Zhang subsequently sought a review of this decision by the AAT.

The central legal issue before the Tribunal was whether it had jurisdiction to consider Mr Zhang's application for review. This depended on whether Mr Zhang was physically present within the migration zone at the time he lodged his application for review with the AAT.

The Tribunal found that the Department's movement records indicated Mr Zhang had departed Australia on 16 August 2016 and had not returned. He was absent from Australia at the time of the primary decision to refuse his visa on 29 May 2018, and crucially, was not physically present in the migration zone when he lodged his application for review on 15 June 2018. Consequently, the Tribunal determined that Mr Zhang's application for review was not properly made under section 347 of the relevant legislation, and therefore, the Tribunal lacked jurisdiction to hear the matter.