GOGIKAR (Migration)

The applicant, Mr Gogikar, sought review of a decision concerning his application for a Regional Employer Nomination (Permanent) visa (Subclass 187). The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the review application.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. The Tribunal was required to determine if the lodgement date of the review application conferred jurisdiction.

The Tribunal found that the application for review was received on 16 March 2018. As this date was outside the statutory time limit for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the merits of the review. The Tribunal's jurisdiction is contingent upon the timely lodgement of review applications.

Consequently, the Tribunal made no substantive decision on the visa application itself, as it was precluded from doing so by the jurisdictional defect. The Tribunal determined that it did not have jurisdiction in this matter.