Sharma (Migration)

Case

[2022] AATA 444

28 February 2022


Details
AGLC Case Decision Date
Sharma (Migration) [2022] AATA 444 [2022] AATA 444 28 February 2022

CaseChat Overview and Summary

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant, Mr Sharma, sought review of a decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider Mr Sharma's application for review, given that the application was lodged out of time.

The Tribunal found that the application for review was received on 22 November 2021. As this date was outside the period prescribed by the relevant legislation for making an application for review, the Tribunal concluded that the application was not made in accordance with the law. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter. The Tribunal made no order as to costs.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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