Peddireddy (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Skilled (Provisional) (Class VC) visa. The applicant, Peddireddy, sought review of a decision, but the application was lodged after the prescribed time limit.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged outside the statutory time limit. The Tribunal was required to determine if it possessed any power to waive or extend this time limit.

Member Alison Mercer reasoned that the prescribed period for lodging the review application expired on 30 June 2017. As the application was received by the Tribunal on 9 July 2017, it was not made within the legislatively mandated timeframe. The Tribunal concluded that it lacked the legal authority to waive or extend the prescribed period for lodging a review application. Consequently, the Tribunal determined that it did not have jurisdiction to hear the matter.