GUO (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Student (Temporary) (Class TU) visa. The applicant sought to have a decision reviewed by the Tribunal, but the application for review was lodged after the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's review application, given that it was not lodged within the statutory timeframe.

The Tribunal, constituted by Member Penelope Hunter, determined that the application for review was received by the Tribunal on 20 April 2017. As this date fell outside the period permitted by the relevant legislation for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to hear the matter. Consequently, the Tribunal made no substantive decision on the merits of the visa application itself.