Ossi (Migration)
Case
•
[2019] AATA 52
•8 January 2019
Details
AGLC
Case
Decision Date
Ossi (Migration) [2019] AATA 52
[2019] AATA 52
8 January 2019
CaseChat Overview and Summary
The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision, but the application for review was lodged out of time and the applicable fee was not paid.
The primary legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was not received within the prescribed timeframe and the required fee had not been paid.
The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 6 November 2018, which was after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.
The Tribunal made no orders as to costs and stated that it did not have jurisdiction in this matter.
The primary legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was not received within the prescribed timeframe and the required fee had not been paid.
The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 6 November 2018, which was after the statutory deadline. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.
The Tribunal made no orders as to costs and stated that it did not have jurisdiction in this matter.
Details
Key Legal Topics
Areas of Law
-
Immigration
-
Administrative Law
Legal Concepts
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Ossi (Migration) [2019] AATA 52
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0