Grajo (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving an applicant seeking review of a decision concerning a Skilled Independent (Permanent) visa (Subclass 189). The core of the dispute revolved around the timeliness of the applicant's application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was lodged outside the prescribed timeframe. The Tribunal was required to determine if the application for review had been made in accordance with the relevant legislative provisions.

The Tribunal found that the application for review was not received by the Tribunal until 1 July 2019. As this date fell outside the statutory period for lodging such an application, the Tribunal concluded that it had not been made in accordance with the relevant legislation. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the application. The Tribunal made no orders as it had no jurisdiction in the matter.