Waiomio (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning the cancellation of a Special Category (Temporary) (Class TY) visa, specifically a Subclass 444 visa. The applicant, Waiomio, sought review of the decision to cancel their visa.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged out of time. The Tribunal was required to determine if the application for review had been made in accordance with the relevant legislative requirements.

The Tribunal found that the application for review was not received by the Tribunal until 15 May 2018. As this date was outside the prescribed time limit 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 case.

The Tribunal made no orders on the merits of the visa cancellation, as it had no jurisdiction to do so.