Tian (Migration)

This matter concerned an application for review by Tian of a decision to refuse a Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application.

The primary legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. The Tribunal noted that the application for review was received on 19 April 2024.

The Tribunal found that, as the application for review was not received by the Tribunal until 19 April 2024, it was not made in accordance with the relevant legislative requirements. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application. The Tribunal therefore made no order in relation to the merits of the visa refusal.