Folarin (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). 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 the application was not made within the time stipulated by the relevant migration legislation.

The Tribunal determined that the application for review was received on 17 July 2018, which was beyond the statutory deadline for lodging such an application. Consequently, the Tribunal concluded that the application had not been made in accordance with the relevant legislative requirements. As a result, the Tribunal found that it lacked jurisdiction to consider the merits of the case. The Tribunal made no orders as it had no jurisdiction.