NWAKOR (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Subclass 187 Regional Sponsored Migration Scheme visa. The applicant, NWAKOR, sought an extension of time to lodge their application for review, as it was received by the Tribunal after the prescribed deadline. The core of the dispute revolved around whether the Tribunal had the power to consider the review application given its late lodgement.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to entertain the application for review, given that the application was not filed within the statutory time limit. This required the Tribunal to determine if the circumstances warranted an extension of time for the applicant to make their application for review, and if the communication of review rights had been adequate.

Member Hugh Sanderson found that the application for review was received by the Tribunal on 19 March 2018, which was outside the time permitted by the relevant legislation. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore made no order in relation to the merits of the visa decision itself, as the procedural defect precluded any substantive review.