Lestari (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms. Lestari concerning a Student (Temporary) (Class TU) visa. The core of the dispute revolved around whether the AAT possessed jurisdiction to hear Ms. Lestari's application, given the timing of its lodgement.

The primary legal issue before the AAT was whether Ms. Lestari's application for review had been made within the prescribed period stipulated by the relevant legislation. This question was determinative of whether the Tribunal had the authority to consider the merits of her visa application.

The AAT Member, Alison Mercer, reasoned that the application for review was received by the Tribunal on 9 December 2020. As this date fell outside the relevant prescribed period for lodging such an application, the AAT concluded that the application was not made in accordance with the statutory requirements. Consequently, the Tribunal held that it lacked jurisdiction to proceed with the matter. The Tribunal therefore made no order other than to state that it did not have jurisdiction.