WANG (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Wang concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The dispute arose because Mr. Wang's application for review was lodged with the Tribunal after the statutory deadline. The Department of Immigration and Border Protection had sent a letter to Mr. Wang, which was returned to the Department as uncollected, despite a change of address having been recorded.

The central legal issue before the Tribunal was whether it had jurisdiction to consider Mr. Wang's application for review. This depended on whether the application was made within the time prescribed by the relevant migration legislation, given the circumstances surrounding the non-receipt of the Department's letter and the lodgement of the review application.

The Tribunal found that the application for review was received on 13 December 2017. As this date was outside the time limit stipulated by the legislation, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal did not have jurisdiction in this matter.