CAO (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The applicant sought a review of this cancellation.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was lodged out of time.

The Tribunal determined that the application for review was not received by the specified date, which was 28 September 2018. As a consequence, the application was not made in accordance with the relevant legislative requirements. The Tribunal concluded that it therefore lacked jurisdiction to consider the merits of the case.

The Tribunal made no orders other than to state that it did not have jurisdiction in the matter.