Randhawa (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant, Mr. Randhawa, sought review of a decision related to his visa. The core of the dispute revolved around the timeliness of his application for review lodged with the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr. Randhawa's application for review. This question turned on whether the application had been lodged within the period prescribed by the relevant legislation.

The Tribunal found that the application for review was received on 22 November 2018. Applying the relevant legislative requirements, the Tribunal determined that this date fell outside the prescribed period for lodging such an application. Consequently, the Tribunal concluded that the application had not been made in accordance with the law.

As a result of the application not being lodged within the statutory timeframe, the Tribunal determined that it lacked jurisdiction to consider the merits of Mr. Randhawa's case. The Tribunal therefore made no order in relation to the substance of the review.