Shen (Migration)

Case

[2018] AATA 1335

5 April 2018


Details
AGLC Case Decision Date
Shen (Migration) [2018] AATA 1335 [2018] AATA 1335 5 April 2018

CaseChat Overview and Summary

This matter concerned a review application lodged by Mr Shen in relation to a Subclass 186 Employer Nomination Scheme visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to consider Mr Shen's application.

The central legal issue before the Tribunal was whether Mr Shen's application for review was lodged within the time prescribed by the relevant legislation. The Tribunal had to ascertain if the application was received by the Tribunal within the statutory timeframe for lodging such a review.

The Tribunal found that the application for review was received on 23 February 2018. As this date was outside the period permitted by the relevant legislation, the Tribunal concluded that it lacked jurisdiction to hear the matter. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Statutory Construction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0