Dhir (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mrs Dhir concerning a decision related to a Subclass 187 Regional Sponsored Migration Scheme visa. The core of the dispute was whether the Tribunal had jurisdiction to hear Mrs Dhir's application, which was lodged after the statutory time limit. Mrs Dhir alleged that her migration agent's negligence caused the delay in lodging the review application.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Mrs Dhir's application for review, given that it was received by the Tribunal on 1 November 2018, which was outside the prescribed timeframe stipulated by the relevant migration legislation.

The Tribunal acknowledged the difficult circumstances faced by Mrs Dhir and her family. However, it applied the principle that jurisdiction is strictly governed by legislative requirements. As the application for review was not received within the time limit mandated by the legislation, the Tribunal concluded that it lacked the necessary jurisdiction to proceed with the matter. The Tribunal's decision was based on the procedural failure to lodge the application in accordance with the statutory requirements.

Consequently, the Tribunal made the order that it does not have jurisdiction in this matter.