Koro (Migration)

Case

[2019] AATA 203

16 January 2019


Details
AGLC Case Decision Date
Koro (Migration) [2019] AATA 203 [2019] AATA 203 16 January 2019

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision, but the application for review was lodged out of time.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the review application, given that it was not received within the prescribed timeframe.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 31 October 2018, after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application. The Tribunal therefore made no order in relation to the substantive application.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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