Hundal (Migration)

This matter concerned a review application lodged with the Administrative Appeals Tribunal by Mr Hundal in relation to a Student (Temporary) (Class TU) visa, subclass 500. The application for review was received by the Tribunal one day after the prescribed deadline.

The primary legal issue before the Tribunal was whether it possessed the discretion to extend the timeframe for lodging the review application, or alternatively, whether it had jurisdiction to consider the application despite its late lodgement.

Member Rachel Da Costa determined that the relevant legislation did not grant the Tribunal any discretion to extend the timeframe for lodging a review application. As the application was received by the Tribunal on 16 May 2024, which was after the statutory deadline, it followed that the application was not made in accordance with the legislation. Consequently, the Tribunal found it had no jurisdiction to hear the matter.