HUI (Migration)

Case

[2018] AATA 276

15 February 2018


Details
AGLC Case Decision Date
HUI (Migration) [2018] AATA 276 [2018] AATA 276 15 February 2018

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered the matter of HUI (Migration), concerning an applicant seeking review of a decision related to a Student (Temporary) (Class TU) Subclass 573 visa. The applicant had been notified of a decision, and subsequently, their application for review was lodged with the Tribunal.

The central legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements, specifically concerning the prescribed period for lodging such an application.

The Tribunal found that the application for review was received by the Tribunal on 19 January 2018. As this date fell outside the period prescribed by the relevant legislation for making an application for review, the Tribunal concluded that it lacked jurisdiction to hear the matter. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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