Alramadhan (Migration)

The Administrative Appeals Tribunal considered an application for review lodged by the applicant, Mr. Alramadhan, concerning a Student (Temporary) (Class TU) visa, Subclass 500. The central dispute revolved around whether the Tribunal had jurisdiction to hear the applicant's case, given that the application for review was lodged after the statutory time limit had expired.

The primary legal issue before the Tribunal was whether it possessed the authority to extend the time for lodging an application for review when the application was made outside the prescribed 21-day period. The Tribunal was required to determine if it had any discretion to waive or extend this time limit, particularly in light of the applicant's submissions regarding health conditions.

The Tribunal reasoned that it had no discretion to waive or extend the mandated 21-day time limit for lodging an application for review. This conclusion was informed by the decision in *Beni v Minister for Immigration and Border Protection* [2018] FCAFC 228, which established that the relevant legislation exhaustively stipulates time limits for actions within the Migration and Refugee Division to ensure certainty in a high-volume area. The Tribunal found that the applicant was notified of the decision on 14 May 2023, meaning the 21-day period expired on 4 June 2023. As this date was a Sunday, the applicant had until 5 June 2023 to lodge the application. Since the application was not received until 21 June 2023, it was out of time.

Consequently, the Tribunal determined that it did not have jurisdiction to review the decision.