Luan (Migration)

This matter concerned a review application made to the Administrative Appeals Tribunal (AAT) by Luan in relation to a decision concerning a Visitor (Class FA) visa, Subclass 600. The core of the dispute was whether the AAT had jurisdiction to hear Luan's application for review, given that it was lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements, specifically concerning the timeframe for lodgement. The Tribunal was required to determine if it possessed jurisdiction to consider the merits of Luan's application, or if the failure to lodge within the prescribed period divested it of that power.

The Tribunal found that the application for review was received on 8 June 2018. Applying the relevant legislative provisions, the Tribunal concluded that this lodgement date meant the application was not made in accordance with the law. Consequently, the Tribunal determined that it lacked jurisdiction to proceed with the review. The Tribunal therefore made no order on the merits of the visa decision.