Afu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Subclass 836 (Carer) visa. The applicant, identified as Afu, sought review of a decision, but the application for review was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was not made within the statutory timeframe.

The Tribunal, constituted by Wendy Banfield, Member, determined that the application for review was received on 25 May 2020. As this date fell outside the period permitted by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the Tribunal made no substantive decision on the merits of the visa application itself.