Sirpali (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Sirpali concerning a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of the visa refusal decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged more than 21 days after the applicant was notified of the visa refusal. The Tribunal also considered whether there had been a substantive response to its invitation to comment on the matter.

The Tribunal found that the application for review was not made within the time prescribed by the relevant legislation. As the application was received by the Tribunal on 16 August 2022, it was out of time. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the application.