Narang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Narang concerning a Subclass 485 (Temporary Graduate) visa. Mr Narang sought to have the Tribunal review a decision, but his application for review was lodged after the prescribed time limit. He attributed this delay to the alleged negligence of a former migration agent.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr Narang's application for review, given that it was lodged out of time. The Tribunal was required to determine if the circumstances presented by Mr Narang, including the alleged negligence of his former migration agent, could extend the time for lodging the review application or otherwise confer jurisdiction.

The Tribunal found that the application for review was received on 4 January 2023, which was outside the statutory timeframe for lodging such an application. The Tribunal applied the relevant legislative provisions governing the time limits for review applications and concluded that, as the application was not made in accordance with these provisions, it lacked jurisdiction to consider the matter. The Tribunal did not find that the alleged negligence of the migration agent provided a basis for extending the time or establishing jurisdiction.

Consequently, the Tribunal determined that it did not have jurisdiction to hear Mr Narang's application for review.