MORALES LARA (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms. Morales Lara concerning a Student (Temporary) (Class TU) visa, Subclass 500. The central dispute revolved around whether the Tribunal had jurisdiction to hear Ms. Morales Lara's application for review, as it was lodged after the prescribed time limit.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Ms. Morales Lara's application for review of a decision relating to her Student visa, given that the application was received by the Tribunal on 5 July 2017, which was outside the statutory timeframe for lodging such applications.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Member stated that as the application was not received by the Tribunal until 5 July 2017, it followed that the application was not made in accordance with the relevant legislation and the Tribunal had no jurisdiction. The Tribunal therefore made the decision that it did not have jurisdiction in this matter.