HE (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by HE concerning a Student (Temporary) (Class TU) visa, Subclass 500. The central dispute revolved around whether the Tribunal possessed jurisdiction to hear HE's application for review, which had been lodged after the prescribed time limit.

The primary legal issue before the Tribunal was whether it had the jurisdiction to consider HE's application for review, given that the application was received by the Tribunal on 2 June 2017, which was outside the statutory timeframe for lodging such applications.

The Tribunal, constituted by Member Penelope Hunter, determined that the application for review was not made in accordance with the relevant legislative provisions due to its late lodgement. Consequently, the Tribunal concluded that it lacked the necessary jurisdiction to proceed with the review. The Tribunal therefore made the decision that it did not have jurisdiction in this matter.