Johnson (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Johnson concerning a Subclass 155 (Five Year Resident Return) visa. The Department of Home Affairs had previously made a decision regarding Mr Johnson's visa application, and Mr Johnson sought to have this decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear Mr Johnson's application for review. This question turned on whether the application was lodged within the time prescribed by the relevant migration legislation. The Tribunal had invited Mr Johnson to provide comments, but no response was received.

The Tribunal found that Mr Johnson's application for review was received on 22 January 2022. As this date was more than 21 days after the notification of the Department's decision, the application was not made in accordance with the legislative time limits. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of Mr Johnson's application.

The Tribunal therefore ordered that it did not have jurisdiction in this matter.