House of Hoi An Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application by House of Hoi An Pty Ltd concerning a nomination refusal. The core of the dispute was whether the AAT had jurisdiction to hear the application, given that it was lodged out of time.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider House of Hoi An Pty Ltd's application for review, as the application was received by the Tribunal after the statutory deadline for lodgement.

The Tribunal determined that it lacked jurisdiction because the application for review was not received by the Tribunal until 16 November 2018. This date fell outside the period prescribed by the relevant legislation for making such an application. Consequently, the Tribunal concluded that the application had not been made in accordance with the law, thereby divesting the Tribunal of its power to hear the matter. The Tribunal therefore made no order other than that it did not have jurisdiction.