Ram (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking review of a decision concerning a Partner (Provisional) (Class UF) visa, Subclass 309. The core of the dispute revolved around the timeliness of a review application.

The Tribunal was required to determine whether a review application had been lodged within the prescribed timeframe, and consequently, whether it had jurisdiction to hear the matter. This involved assessing the date of notification of the original decision and the date the subsequent review application was received.

The Tribunal found that, pursuant to regulation 2.55 of the relevant Regulations, the applicant was taken to have been notified of the decision on 25 May 2017. This established that the period within which a review application could be made expired on 3 August 2017. As the application for review was received by the Tribunal on 11 August 2017, it was not made within the legislated timeframe.

Consequently, the Tribunal concluded that the application for review was not made in accordance with the relevant legislation, and therefore, the Tribunal lacked jurisdiction to consider the matter.