Zeng (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review lodged by Mr Zeng concerning a Student (Temporary) (Class TU) visa. The core of the dispute was whether the Tribunal had jurisdiction to hear Mr Zeng's application, which was filed after the statutory deadline.

The primary legal issue before the Tribunal was whether Mr Zeng's application for review had been lodged in accordance with the relevant legislative requirements, specifically concerning the time limit for lodgement. This question of jurisdiction was central to the Tribunal's ability to proceed with the substantive merits of Mr Zeng's case.

The Tribunal found that the application for review was received on 4 June 2019, which was beyond the prescribed time limit. The Tribunal noted that the Department's letter had complied with legislative requirements and clearly conveyed mandatory information. As the application was not lodged within the statutory timeframe, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the Tribunal made no orders on the merits of the application.