SINGH (Migration)

This matter concerned an application for review by Mr Singh of a decision made by the Administrative Appeals Tribunal (AAT). The AAT, constituted by Member Katie Malyon, was required to consider whether it had jurisdiction to hear Mr Singh's application for review of a decision relating to his Student (Temporary) (Class TU) visa, Subclass 500.

The central legal issue before the Tribunal was whether Mr Singh's application for review had been lodged within the time prescribed by the relevant legislation. The Tribunal was required to determine if the application was made in accordance with the statutory time limits, and if not, what the consequences for its jurisdiction would be.

The Tribunal found that the application for review was received on 26 August 2022, which was outside the statutory timeframe for making such an application. Consequently, the Tribunal concluded that the application had not been made in accordance with the relevant legislative requirements. As a result, the Tribunal determined that it lacked jurisdiction to consider the merits of Mr Singh's application. The Tribunal therefore made no order other than to state that it did not have jurisdiction in this matter.