Samineni (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Skilled Work Regional (Provisional) (Class PS) visa, Subclass 491. The applicant, Mr. Samineni, sought a review of a decision, but the central issue before the Tribunal was whether the application for review had been lodged within the prescribed time limits.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr. Samineni's application for review, given that the application was received by the Tribunal after the statutory deadline. This required the Tribunal to determine if the application for review had been made in accordance with the relevant legislative provisions governing the lodgement of such applications.

The Tribunal found that the application for review was not received by the Tribunal until 28 June 2023. As this date fell outside the period permitted by the relevant legislation for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the merits of Mr. Samineni's case. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.