Reid (Migration)

This matter concerned a review application before the Migration and Refugee Division of the Administrative Appeals Tribunal. The applicant sought review of a decision relating to a Prospective Marriage (Temporary) (Class TO) visa, subclass 300.

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

The Tribunal, constituted by Member Tamara Hamilton-Noy, determined that the application for review was not received by the Tribunal until 18 June 2021. As this date fell outside the period prescribed by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter.

Consequently, the Tribunal made no order on the merits of the visa application, as it was unable to proceed due to the jurisdictional defect.