Guan (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision, but the application for review was lodged with the Tribunal after the statutory deadline.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was filed out of time. This required the Tribunal to determine if the application had been made in accordance with the relevant legislative provisions governing the lodgement of review applications.

The Tribunal found that the application for review was received on 17 April 2018, which was beyond the prescribed time limit. Consequently, the Tribunal concluded that the application had not been made in accordance with the relevant legislation. As a result, the Tribunal determined that it lacked jurisdiction to consider the merits of the application. The Tribunal made no order as to costs.