Zheng (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Ms. Zheng concerning a Partner (Residence) (Class BS) visa, specifically a Subclass 801 (Spouse) visa. The central dispute revolved around whether Ms. Zheng's application for review was lodged within the prescribed time limits.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Ms. Zheng's application for review, given that the application was received by the Tribunal on 30 November 2017. This required the Tribunal to determine if the application had been made in accordance with the relevant legislative provisions governing the time for lodging such reviews.

The Tribunal found that the application for review was not received by the Tribunal until 30 November 2017. Consequently, the Tribunal concluded that the application for review had not been made in accordance with the relevant legislation. As a result, the Tribunal determined that it lacked jurisdiction to consider the matter. The Tribunal therefore made no order on the merits of the visa application itself, as it could not proceed to hear the review.