Moyo (Migration)

Case

[2019] AATA 2035

5 March 2019


Details
AGLC Case Decision Date
Moyo (Migration) [2019] AATA 2035 [2019] AATA 2035 5 March 2019

CaseChat Overview and Summary

This matter concerned a review application made by Ms. Moyo in relation to a Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear Ms. Moyo's application.

The central legal issue before the Tribunal was whether Ms. Moyo's application for review had been made within the time prescribed by the relevant migration legislation. The Tribunal was required to determine if the application was lodged in accordance with the statutory time limits, which would determine whether the Tribunal possessed jurisdiction to proceed with the review.

The Tribunal found that the application for review was received on 11 December 2018. As this date was outside the timeframe stipulated by the relevant legislation for making such an application, the Tribunal concluded that it lacked jurisdiction to consider 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

  • Statutory Construction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0