Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms. Nguyen concerning the cancellation of her Student (Temporary) (Class TU) visa, subclass 500. The central issue before the Tribunal was whether it possessed jurisdiction to hear Ms. Nguyen's application for review, given that it was lodged out of time.

The Tribunal was required to determine whether the application for review had been made in accordance with the relevant legislative provisions. Specifically, the Tribunal had to ascertain if the lodgement date of the application for review fell within the prescribed time limits for such applications.

Member Sean Baker reasoned that the application for review was received by the Tribunal on 17 April 2018. As this date was outside the statutory timeframe for lodging an application for review, the Tribunal concluded that it lacked the necessary jurisdiction to proceed with the matter. Consequently, the Tribunal held that it could not consider the merits of Ms. Nguyen's application.

The Tribunal made no orders other than to state that it did not have jurisdiction in this matter.