Ghee (Migration)
Case
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[2020] AATA 4660
•31 August 2020
Details
AGLC
Case
Decision Date
Ghee (Migration) [2020] AATA 4660
[2020] AATA 4660
31 August 2020
CaseChat Overview and Summary
This matter concerned a review application before the Administrative Appeals Tribunal concerning a Temporary Skill Shortage (Class GK) visa, subclass 482. The applicant sought review of a decision, but the application for review was lodged out of time.
The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the review application, given that it was not received within the prescribed timeframe stipulated by the relevant migration legislation.
The Tribunal determined that as the application for review was received on 17 June 2020, it was not made in accordance with the relevant legislative requirements. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore made no order other than that it did not have jurisdiction.
The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the review application, given that it was not received within the prescribed timeframe stipulated by the relevant migration legislation.
The Tribunal determined that as the application for review was received on 17 June 2020, it was not made in accordance with the relevant legislative requirements. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore made no order other than that it did not have jurisdiction.
Details
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Citations
Ghee (Migration) [2020] AATA 4660
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
BMY18 v Minister for Home Affairs
[2019] FCAFC 189
Ali v Minister for Home Affairs
[2019] FCA 1102