Shamu (Migration)

This matter concerned a review application for a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The applicant sought review of a decision, but the application for review was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the review application, given that it was filed out of time. This required the Tribunal to consider the legislative requirements for making a valid application for review.

The Tribunal determined that the application for review was received on 17 May 2018, which was beyond the statutory deadline for lodgement. Consequently, the Tribunal concluded that the application had not been made in accordance with the relevant legislation. As a result, the Tribunal found that it lacked jurisdiction to consider the merits of the review application. The Tribunal made no orders as it had no jurisdiction.