Jayakody (Migration)

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

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Ms Jayakody's application for review, given that it was received by the Tribunal on 16 July 2019, which was outside the statutory timeframe for lodging such an application.

The Tribunal, constituted by Senior Member Ann Duffield, 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 expiry of the time limit. Consequently, the Tribunal concluded that it lacked jurisdiction to proceed with the matter. The Tribunal therefore made no substantive decision on the merits of Ms Jayakody's visa application.