NWAKOR (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Subclass 187 Regional Employer Nomination (Permanent) visa. The applicant, NWAKOR, sought review of a decision, but their application was lodged with the Tribunal after the prescribed time limit.

The central legal issue before the Tribunal was whether it had jurisdiction to consider NWAKOR's application for review, given that it was filed out of time. The Tribunal was required to determine if the application had been made in accordance with the relevant legislative requirements for lodging a review application.

The Tribunal found that the application for review was received on 1 July 2019, which was beyond the statutory deadline. Applying the relevant legislative provisions, the Tribunal concluded that because the application was not made within the required timeframe, it lacked jurisdiction to proceed with the review. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.