Taniwha (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant seeking review of a decision to cancel their Special Category (Temporary) (Class TY) visa, specifically a Subclass 444 visa. The central dispute revolved around the timeliness of the applicant's application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was lodged after the prescribed time limit. This required the Tribunal to determine if the application had been made in accordance with the relevant legislative provisions governing review applications.

The Tribunal, constituted by Senior Member Ann Duffield, found that the application for review was received on 13 September 2018. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that the application had not been made in accordance with the relevant legislation. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the review application. The Tribunal made no orders as it had no jurisdiction in the matter.