Sharma (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Sharma concerning the cancellation of his Partner (Temporary) (Class UK) visa, Subclass 820 (Partner). The central dispute revolved around whether Mr Sharma's application for review was lodged within the prescribed time limits.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear Mr Sharma's application for review, given that it was lodged after the statutory deadline. This required the Tribunal to determine the validity of the notification of the decision to cancel Mr Sharma's visa and whether he had adequate access to the email address at which the notification was sent. The Tribunal also had to consider its power, if any, to extend the prescribed time limits for lodging an application for review.

The Tribunal found that the application for review was not received until 6 December 2019, which was outside the time prescribed by the relevant legislation. Consequently, the Tribunal concluded that the application for review was not made in accordance with the law. As a result, the Tribunal determined that it lacked jurisdiction to consider the matter.

The Tribunal made no orders other than to state that it did not have jurisdiction in this matter.