Moahmed Saleem (Migration)

This matter concerned an application for review by Moahmed Saleem in relation to a Student (Temporary) (Class TU) visa, subclass 500. The application for review was lodged with the Tribunal out of time. The applicant had apparently suffered an injury at work, which may have contributed to the delay.

The primary legal issue before the Tribunal was whether it possessed the jurisdiction to consider the application for review, given that it was lodged after the statutory deadline. Specifically, the question was whether there was any discretion available to extend the time for lodging the application under the relevant migration legislation.

The Senior Member, Kira Raif, determined that the application for review was not received by the Tribunal until 23 March 2020, which was beyond the prescribed time limit. The Senior Member concluded that, as the application was not made in accordance with the relevant legislative requirements, the Tribunal lacked jurisdiction to hear the matter.

Consequently, the Tribunal made no orders on the merits of the application, as it had no jurisdiction to do so.