Gao (Migration)

This matter concerned an application for review of a decision relating to a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant, Ms. Gao, lodged her application for review with the Tribunal one day after the expiry of the prescribed period, which fell within the Christmas/New Year holiday period. The Tribunal had issued an invitation to comment, to which there was no response.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider Ms. Gao's application for review, given that it was lodged out of time. This required the Tribunal to determine whether the application had been made in accordance with the relevant legislative provisions governing the timeframes for lodging such applications.

The Tribunal found that the application for review was received on 3 January 2020. As this date was after the statutory deadline for lodging the 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 hear the matter.

The Tribunal made no orders in relation to the merits of the application, as it was dismissed for want of jurisdiction.