McGovern (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning an Employer Nomination (Permanent) visa, Subclass 186, under the Employer Nomination Scheme. 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 received within the prescribed timeframe.

The Tribunal, constituted by Member Sheridan Aster, determined that the application for review was not made in accordance with the relevant legislative provisions because it was received by the Tribunal on 18 April 2024, which was outside the permitted period. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application. The Tribunal made no orders as it found it had no jurisdiction in the matter.