ONG (Migration)

This matter concerned an application for review of a decision relating to a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought review of a decision, but the application for review was lodged with the Tribunal after the prescribed time limit.

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

The Tribunal Member, Penelope Hunter, determined that the application for review was not received by the Tribunal until 29 May 2017. As this date fell outside the statutory timeframe for lodging such an application, the Tribunal concluded that the application had not been made in accordance with the relevant legislation. Consequently, the Tribunal found that it lacked jurisdiction to consider the merits of the review application.

The Tribunal made no orders as to costs.