Kusmi (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal. The applicant, identified as Kusmi, sought to have a decision relating to a Visitor (Class FA) visa, specifically a Subclass 500 (Student) visa, reviewed by the Tribunal.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear Kusmi's application for review, given that the application was lodged out of time. This required the Tribunal to consider the statutory requirements for the timely notification and lodgement of review applications.

The Tribunal, constituted by Member Richard Guemy, determined that the application for review was received on 8 July 2024. As this date fell outside the period prescribed by the relevant legislation for making such an application, the Tribunal concluded that it lacked jurisdiction to proceed with the review. Consequently, the Tribunal made no substantive findings on the merits of Kusmi's visa application.