Thakur (Migration)

The applicant, Mr. Thakur, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning his Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The AAT had affirmed the refusal of his visa application. Mr. Thakur lodged his application for judicial review with the Federal Circuit and Family Court of Australia out of time.

The primary legal issue before the Court was whether it had jurisdiction to hear Mr. Thakur's application for judicial review, given that it was filed after the statutory time limit had expired. This required the Court to consider the effect of the late filing on its jurisdiction and whether any exceptions or extensions were applicable.

Justice Cranston determined that the Court's jurisdiction to hear an application for judicial review of an AAT decision is contingent upon the application being filed within the prescribed time limits. The Migration Act 1958 (Cth) and the relevant Rules of Court establish strict timeframes for such applications. In this instance, Mr. Thakur failed to provide a satisfactory explanation or demonstrate exceptional circumstances that would warrant an extension of time. Consequently, the Court lacked the jurisdiction to proceed with the substantive review of the AAT's decision.

The Court therefore dismissed Mr. Thakur's application for judicial review.