Littlewood (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 statutory time limit had expired.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was not made within the time prescribed by the relevant migration legislation.

The Tribunal determined that the application for review was not received until 2 November 2018. As this date was beyond the period permitted by the legislation for lodging such an application, the Tribunal concluded that the application had not been made in accordance with the legislative requirements. Consequently, the Tribunal found that it lacked jurisdiction to consider the merits of the matter. The Tribunal made no orders as it determined it did not have jurisdiction.