Li (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms Li concerning a Partner (Temporary) (Class UK) visa, Subclass 820. The core of the dispute revolved around the timeliness of Ms Li's application for review lodged with the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Ms Li's application for review, given that the application was not received within the prescribed timeframe stipulated by the relevant migration legislation.

The Tribunal determined that the application for review was lodged on 20 May 2021, which was after the statutory deadline. Consequently, the Tribunal concluded that the application had not been made in accordance with the requirements of the legislation. As a result, the Tribunal found that it lacked jurisdiction to consider the merits of Ms Li's application. The Tribunal therefore made no order in relation to the merits of the visa application itself, as it could not proceed to that stage.