WEHBE (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision, but the application for review was lodged with the Tribunal after the statutory deadline.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the review application, given that it was filed out of time. The Tribunal was required to determine if the applicant had complied with the procedural requirements for lodging an application for review.

The Tribunal found that the application for review was received on 24 May 2018, which was beyond the prescribed time limit. Applying the relevant legislative provisions, the Tribunal concluded that because the application was not made in accordance with the legislation, it lacked jurisdiction to consider the matter. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.