Ha (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Ha concerning a Partner (Temporary) (Class UK) visa, subclass 820. The core of the dispute was whether the Tribunal had jurisdiction to hear Mr Ha's application, which was lodged after the prescribed time limit.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Mr Ha's application for review, given that it was lodged out of time. This required the Tribunal to determine if the circumstances presented by Mr Ha constituted "extenuating circumstances" that would permit a late lodgement, or if the legislative framework strictly precluded any discretion in such matters.

The Tribunal found that the application for review was received on 27 September 2022, which was beyond the statutory deadline. The Tribunal concluded that, as the application was not made in accordance with the relevant legislative provisions, it lacked jurisdiction to proceed with the review. Consequently, the Tribunal determined that it had no jurisdiction in the matter.