Alam (Migration)

Case

[2018] AATA 697

31 January 2018


Details
AGLC Case Decision Date
Alam (Migration) [2018] AATA 697 [2018] AATA 697 31 January 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Subclass 602 (Medical Treatment) visa. The applicant sought review of a decision, but the application for review was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that it was lodged out of time.

The Tribunal Member, Moira Brophy, determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 18 December 2017, which was beyond the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application. The Tribunal made no order as to costs.
Details

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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