Hadi (Migration)

This matter concerned an application for review of a decision by the applicant, Mr Hadi, in relation to a Skilled (Provisional) (Class VC) visa. The review application was lodged with the Tribunal after the prescribed time limit had expired.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the review application, given that it was lodged out of time. A secondary issue, which the Tribunal considered in the alternative, was whether the applicant met the mandatory requirements for the visa.

The Tribunal determined that it did not have jurisdiction to consider the review application because the law provided no discretion to waive or extend the prescribed period for lodging a review application. Furthermore, even if the Tribunal had jurisdiction, the applicant would not have succeeded. This was because the applicant admitted to failing to meet a mandatory requirement for the visa, namely undertaking a specified English test within the relevant three-year period prior to his visa application. The Tribunal noted that there was no discretion to consider an English test taken after the visa application was lodged.