Cao (Migration)

This matter concerned a review application by the applicant, Ms Cao, in relation to a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The application for review was lodged out of time with the Tribunal.

The central legal issue before the Tribunal was whether it possessed the discretion to extend the statutory timeframes for lodging a review application, even in circumstances where the delay was not attributable to the applicant.

The Tribunal, constituted by Member Susan Trotter, determined that it had no discretion to extend the strict statutory timeframes for lodging a review application. The Tribunal reasoned that regardless of the circumstances leading to the late lodgement, including potential negligence by the applicant's former representative, the application was not received within the prescribed period. Consequently, the Tribunal lacked jurisdiction to consider the merits of the review application.

The Tribunal concluded that it did not have jurisdiction in this matter.