Piuaki (Migration)

This matter concerned an application for review by Mr Piuaki of a decision to cancel his Special Category (Temporary) (Class TY) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear Mr Piuaki's application.

The central legal issue before the Tribunal was whether Mr Piuaki's application for review had been lodged within the prescribed period, as required by the relevant migration legislation. The Tribunal had to consider the date on which the application was received to determine if it had been made in accordance with the statutory requirements.

The Tribunal found that Mr Piuaki's application for review was not received until 4 January 2019. As this date fell outside the relevant prescribed period for lodging such an application, the Tribunal concluded that the application had not been made in accordance with the legislation. Consequently, the Tribunal held that it lacked jurisdiction to consider the merits of Mr Piuaki's application.

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