Arco Windows Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application lodged by Arco Windows Pty Ltd concerning the nomination of an occupation. The core of the dispute was whether the review application had been filed within the prescribed time limits.

The Tribunal was required to determine whether the 21-calendar day period for lodging a review application applied to Arco Windows' submission, and if so, whether the application was indeed lodged out of time. The Tribunal also had to consider its jurisdiction to hear the matter, given the timeliness of the application.

The Tribunal reasoned that the 21-calendar day period was applicable in this instance. It found that Arco Windows' review application was lodged on 13 December 2018, which was after the expiry of this period on 10 December 2018. The Tribunal affirmed that it lacked the power to extend this prescribed time limit, referencing the principle established in *Beni*. The Tribunal concluded that the validity of the specific review application before it was paramount, and as it was lodged out of time, it constituted an invalid application for review.

Consequently, the Tribunal determined that it did not have jurisdiction to consider the merits of Arco Windows' review application.