HAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 407 (Training) visa. The applicant sought review of a decision, but the application 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 it was filed out of time.

The Tribunal determined that the application for review was not received by the Tribunal until 15 August 2018, which was beyond the time prescribed by the relevant legislation. Consequently, the Tribunal concluded that the application was not made in accordance with the legislative requirements and therefore lacked jurisdiction to proceed with the review. The Tribunal made no orders as it had no jurisdiction in the matter.