Veerpal Kaur (Migration)

The applicant, Veerpal Kaur, sought review of a decision by the Department of Home Affairs concerning her application for a Medical Treatment (Class UB) visa (subclass 602). Ms. Kaur applied as a support person for her husband, and their combined application was lodged on the final day of the 21-day application period. The Department made separate decisions regarding the applications.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review. This turned on whether the application for review was lodged within the time prescribed by the relevant migration legislation, particularly in light of the Department's separate decisions.

The Tribunal found that the application for review was received on 5 May 2022. As this date fell outside the statutory timeframe for lodging an application for review following the Department's separate decisions, the Tribunal concluded it lacked jurisdiction to consider the matter. The Tribunal noted that advice received from a tribunal staff member regarding the validity of a separate application lodged after the application period was not determinative of the jurisdictional question.

The Tribunal ordered that it does not have jurisdiction in this matter.