Palliyaguruge (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Palliyaguruge concerning a Student (Temporary) (Class TU) visa (Subclass 500). The core of the dispute was whether the Tribunal had jurisdiction to hear Mr Palliyaguruge's application, which had been lodged out of time.

The primary legal issue before the Tribunal was whether Mr Palliyaguruge's application for review was made in accordance with the relevant legislative requirements, specifically concerning the time limit for lodgement. The Tribunal was required to determine if it possessed jurisdiction to consider the merits of the application, given its late arrival.

The Tribunal found that the application for review was not received until 26 August 2019. Applying the relevant legislative provisions, the Tribunal concluded that because the application was not made within the prescribed time, it lacked jurisdiction to proceed with the review. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.