Nissan (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal. The applicant, identified as Nissan, sought to have a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), decision reviewed.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the review application, given that the application was lodged out of time.

The Tribunal, constituted by Member Adrienne Millbank, determined that the application for review was not received by the Tribunal until 19 June 2018. As this date fell outside the statutorily prescribed timeframe for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the Tribunal made no substantive decision on the merits of the visa application itself.