Goodin (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Visitor (Class FA) visa, Subclass 600. The applicant sought to have the decision reviewed, but the application for review was lodged out of time. The applicant cited poor internet coverage and consequent difficulties in receiving email communications and lodging applications on time as reasons for the delay.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was lodged after the statutory deadline. This required the Tribunal to determine if the circumstances presented by the applicant constituted a valid reason for the late lodgement under the relevant migration legislation.

The Tribunal found that the application for review was received on 4 March 2020, which was after the prescribed time limit. Applying the relevant legislative provisions, the Tribunal concluded that the application for review had not been made in accordance with the legislation. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter. The Tribunal therefore made no order on the merits of the visa application itself.