Yang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms. Yang concerning a decision relating to her Student (Temporary) (Class TU) visa, subclass 500. The core of the dispute revolved around the timeliness of Ms. Yang's application for review.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear Ms. Yang's application for review, given that it was lodged after the prescribed time limit. The Tribunal was required to determine if the application was made in accordance with the relevant migration legislation.

Member Penelope Hunter reasoned that the application for review was received by the Tribunal on 12 February 2018. As this date was outside the timeframe stipulated by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal affirmed that a Special Consideration Policy cannot override the express provisions of the legislation.

Consequently, the Tribunal made the order that it did not have jurisdiction in this matter.