Dellosso (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Visitor (Class FA) visa, subclass 600. The applicant, Dellosso, sought review of a decision, but the application for review was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was lodged out of time. The Tribunal was required to determine if the circumstances of the application met the legislative requirements for a valid review application.

Member De-Anne Kelly found that the application for review was not received by the Tribunal until 29 June 2021. As this date was beyond the statutory deadline for lodging such an application, the Tribunal concluded that the application was not made in accordance with the relevant legislation. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter.