Sharma (Migration)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Immigration
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Citations
Sharma (Migration) [2022] AATA 444
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