Saroj v Minister for Immigration

The applicant, Saroj, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT). The AAT had determined it lacked jurisdiction to review the Minister's delegate's refusal to grant the applicant a Partner (Temporary) (Class UK) (Subclass 820) visa or a Partner (Residence) (Class BS) (Subclass 801) visa. This lack of jurisdiction arose because the applicant had lodged their application with the AAT outside the 21-day time limit prescribed by section 347(1)(b) of the *Migration Act 1958* (Cth).

The central legal issue before Dowdy J was whether the AAT had committed a jurisdictional error in finding that it had no power to consider the applicant's review application due to the late lodgement. The applicant contended that such an error had occurred.

Dowdy J reasoned that the time limit stipulated in section 347(1)(b) of the *Migration Act 1958* (Cth) is a condition precedent to the AAT's jurisdiction to entertain a review application. As the applicant failed to meet this statutory requirement, the AAT correctly concluded that it lacked the necessary jurisdiction. No jurisdictional error was identified by the court.

Consequently, the application for judicial review was dismissed.