Alford (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision concerning their Special Category (Temporary) (Class TY) visa, subclass 444. The central issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application.

The primary legal question before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. The Tribunal was required to determine if the failure to meet the statutory time limit for lodging the review application divested it of jurisdiction.

The Tribunal found that the application for review was received on 18 September 2018. As this date was outside the timeframe stipulated by the relevant legislative provisions for lodging such an application, the Tribunal concluded that it had no jurisdiction to consider the matter. Consequently, the Tribunal made no substantive decision on the merits of the review application.