Yeh (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter involving an applicant seeking review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 500. The applicant had lodged their review application out of time, and the central issue revolved around whether there had been substantial compliance with the notification requirements, which would have conferred jurisdiction on the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was lodged after the prescribed time limit. This question hinged on whether a defect in the notification provided to the applicant constituted a failure to substantially comply with the requirements for lodging a valid application.

The Tribunal found that it did not have jurisdiction in this matter. Consequently, as there was no review application properly before it, the Tribunal was unable to accept the applicant's subsequent request to withdraw the application. The Tribunal's finding of no jurisdiction meant that it lacked the power to make any substantive orders, including the acceptance of a withdrawal.