Hoang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Hoang concerning a Partner (Temporary) (Class UK) visa, subclass 820. The primary issue before the Tribunal was whether it had jurisdiction to hear Mr Hoang's application, which was lodged out of time.

The central legal question was whether the Tribunal possessed jurisdiction to consider Mr Hoang's review application, given that it was not filed within the prescribed timeframe. The Tribunal was required to determine if any exceptional circumstances, such as financial hardship, could operate to extend the time for lodging the application or otherwise confer jurisdiction.

The Tribunal found that the application for review was received on 19 June 2018, which was after the statutory deadline. Consequently, the Tribunal concluded that the application was not made in accordance with the relevant legislative requirements. Applying this finding, the Tribunal determined that it lacked the necessary jurisdiction to proceed with the review.

Accordingly, the Tribunal made no orders on the merits of the visa application, as it had no jurisdiction to do so.