Basra (Migration)

This matter concerned an application for review by Mr. Basra of a decision made by the Migration Review Tribunal. The central dispute revolved around the timeliness of Mr. Basra's application for review, which the Tribunal ultimately found to be out of time.

The primary legal issue before the Tribunal was whether it possessed the jurisdiction to consider Mr. Basra's application for review, given that it was lodged after the statutory deadline. This required the Tribunal to determine if any discretion existed to extend the time for lodging the application under the relevant migration legislation.

The Tribunal's reasoning was that the application for review was not received until 5 March 2020, which was beyond the prescribed time limit. Consequently, the Tribunal concluded that the application had not been made in accordance with the relevant legislative requirements, and therefore, it lacked the jurisdiction to hear the matter. The Tribunal did not find any basis for exercising discretion to extend the time for lodging the application.

The Tribunal determined that it did not have jurisdiction in this matter.