IBRAR (Migration)

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

The legal issue before the Tribunal was whether it had jurisdiction to consider IBRAR's application for review, given that the application was received by the Tribunal on 7 December 2023, which was outside the timeframe stipulated by the relevant migration legislation.

The Tribunal, constituted by Member De-Anne Kelly, determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the matter. The Tribunal therefore made no orders on the merits of the visa application itself, as its jurisdiction was not engaged.