HAMMOND (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The applicant sought review of a decision, but their application for review was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was not received by the Tribunal within the statutory timeframe.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 8 February 2018, which was outside the permitted period. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore made no decision on the merits of the visa application itself.