Wang (Migration)

The applicant, Wang, sought review of a decision to refuse a Partner (Temporary) (Class UK) visa (Subclass 820). The application for review was lodged out of time. The central issue was whether the Migration and Refugee Division of the Tribunal had the power to extend the time for lodging an invalid review application.

The Tribunal was required to determine whether it possessed jurisdiction to validate an application for review that had been lodged after the prescribed time limit. This involved considering the legal principles governing the Tribunal's power to grant extensions of time for such applications.

The Tribunal determined that it did not have the power to extend time to make an invalid review application valid, referencing the Federal Court of Australia Full Court decision in *Beni v Minister for Immigration and Border Protection* [2018] FCAFC 228. The Tribunal noted that a registered migration agent would have been aware of this legal principle. Consequently, the Tribunal concluded it lacked jurisdiction in the matter.