Kityanuruk (Migration)

This matter concerned an application for review of a decision relating to a Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant sought review of a decision, with the application for review being received by the Tribunal one day after the expiry of the prescribed time limit, following the Christmas/New Year period.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the application for review, given that it was lodged out of time.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative provisions because it was received on 9 January 2020, which was one day after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal made no orders as it found it had no jurisdiction.