Harkin (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of a decision, but the application for review was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it possessed jurisdiction to consider the merits of the application for review, given that the application was not filed within the statutory timeframe.

The Tribunal determined that the application for review was not received by the Tribunal until 12 September 2018. As this date was outside the period permitted by the relevant migration legislation for lodging such an application, the Tribunal concluded that the application had not been made in accordance with the law. Consequently, the Tribunal found that it lacked jurisdiction to proceed with the review.