Yama (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant sought review of a decision, but the application for review was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was not made within the time stipulated by the relevant legislation.

The Tribunal, constituted by Mara Moustafine, Member, determined that the application for review was received by the Tribunal on 10 August 2018. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that the application was not made in accordance with the relevant legislative requirements. Consequently, the Tribunal held that it lacked jurisdiction to consider the merits of the application. The Tribunal therefore made no order in relation to the substance of the review application.