LI (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by LI concerning a Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute was whether the Tribunal had jurisdiction to hear LI's application, which was lodged one day after the statutory time limit had expired. LI contended that they were only informed of the deadline by their previous agent on the final day for lodging the application.

The legal issue before the Tribunal was whether it possessed jurisdiction to consider LI's application for review, given that it was filed out of time. This required the Tribunal to determine if the circumstances presented by LI constituted a valid reason for the late lodgement, thereby permitting the Tribunal to exercise its discretion to accept the application.

The Tribunal found that the application for review was received on 21 May 2024, which was after the specified time limit. Applying the relevant legislative provisions, the Tribunal concluded that the application had not been made in accordance with the law. Consequently, the Tribunal determined that it lacked jurisdiction to proceed with the review. The Tribunal made no orders as it had no jurisdiction in the matter.