Zhang (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal. The applicant, Ms Zhang, sought to have the Tribunal review a decision concerning her application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 189 (Regional Sponsored Migration Scheme).

The central legal issue before the Tribunal was whether it had jurisdiction to consider Ms Zhang's application for review. This question turned on whether the application was lodged within the time prescribed by the relevant legislation. Ms Zhang contended that she had no access to email at the relevant time, which may have impacted her ability to receive communications and lodge her application within the statutory timeframe.

The Tribunal Member, Brendan Darcy, found that the application for review was not received by the Tribunal until 16 April 2019. Applying the relevant legislative provisions, the Tribunal determined that this date meant the application was not made in accordance with the law. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.