Bongran (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Bongran concerning a Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute revolved around whether the Tribunal had the authority to hear Mr Bongran's application.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Mr Bongran's application for review, given that the application was lodged out of time. This required the Tribunal to determine if the application had been made in accordance with the relevant legislative provisions governing the lodgement of such reviews.

The Tribunal, constituted by Member C. Packer, found that the application for review was received by the Tribunal on 13 January 2022. As this date fell outside the prescribed timeframe for lodging such an application, the Tribunal concluded that the application had not been made in accordance with the relevant legislation. Consequently, the Tribunal determined that it lacked jurisdiction to proceed with the matter. The Tribunal made no orders as it had no jurisdiction.