Gino's Cafe Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Gino's Cafe Pty Ltd concerning a decision relating to the nomination of an occupation. The core of the dispute was whether the review application had been lodged within the prescribed time limits.

The primary legal issue before the Tribunal was to determine the applicable time limit for lodging a review application and whether Gino's Cafe Pty Ltd had complied with that limit. The Tribunal was required to ascertain if it possessed jurisdiction to hear the matter, given the timing of the application.

The Tribunal reasoned that the relevant prescribed period for lodging a review application was 21 calendar days. It found that the application was lodged on 21 November 2018, which was outside this period, as the last day for lodging was 20 November 2018. Citing the principle established in *Beni*, the Tribunal concluded that it had no power to extend this prescribed period. Consequently, the application was not considered a valid application for review, and the Tribunal determined that it lacked jurisdiction to proceed with the matter.