Kiridaran (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Kiridaran concerning a decision relating to his Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute was whether the Tribunal had the authority to hear Mr Kiridaran's application, given that it was lodged outside the prescribed timeframe.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Mr Kiridaran's application for review, specifically in circumstances where the application was received by the Tribunal after the statutory deadline for lodgement had passed. This required the Tribunal to determine if the legislative requirements for making a valid application for review had been met.

The Tribunal reasoned that the application for review was not received until 6 March 2019. It concluded that, as the application was not lodged in accordance with the relevant legislative provisions, the Tribunal lacked the necessary jurisdiction to proceed with the review. Consequently, the Tribunal determined that it did not have jurisdiction in the matter.