Russell (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant sought review of a decision relating to their visa application, which had been lodged out of time.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was not received within the prescribed timeframe.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 1 January 2018, after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore made no decision on the merits of the visa application itself.