Buppha (Migration)

This matter concerned an application for review by Ms Buppha (the applicant) of a decision made by the Minister for Immigration and Border Protection. The applicant had sought to lodge an application for review with the Administrative Appeals Tribunal (the Tribunal) concerning a Student (Temporary) (Class TU) visa. The Tribunal, constituted by Member Lilly Mojsin, ultimately determined that it lacked jurisdiction to hear the application.

The central legal issue before the Tribunal was whether the applicant had made her application for review in accordance with the relevant legislative requirements. Specifically, the Tribunal was required to determine if the application had been lodged within the prescribed time limits.

The Tribunal's reasoning focused on the date the application for review was received. It found that the application was not received by the Tribunal until 21 June 2017. As this date fell outside the timeframe stipulated by the relevant legislation for lodging such an application, the Tribunal concluded that it had no jurisdiction to consider the merits of Ms Buppha's case.

Consequently, the Tribunal made the order that it did not have jurisdiction in this matter.