Gyamfi (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Gyamfi concerning a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The core of the dispute was whether the Tribunal had jurisdiction to hear Mr Gyamfi's application for review, given that it was lodged out of time.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Mr Gyamfi's application for review of the visa decision. This question turned on whether the application for review had been made in accordance with the relevant legislative requirements, specifically concerning the timeframe for lodgement.

The Tribunal determined that the application for review was not received until 30 November 2018. As this date fell outside the period prescribed by the relevant legislation for making such an application, the Tribunal concluded that it lacked jurisdiction to proceed with the review. Consequently, the Tribunal made no substantive findings on the merits of Mr Gyamfi's visa application.