Bhatta (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning the refusal of a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought to challenge the refusal decision, but the core of the dispute revolved around whether the application for review was lodged within the time prescribed by law.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application. This question turned on whether the application for review was made within the statutory time limit, as stipulated by the relevant migration legislation.

The Tribunal found that the application for review was received on 20 June 2019. Applying the relevant legislative provisions, the Tribunal determined that this date fell outside the period within which the application for review was required to be made. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal made no orders as it determined it did not have jurisdiction.