The Face Specialist Pty Ltd (Migration)
Case
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[2019] AATA 53
•4 January 2019
Details
AGLC
Case
Decision Date
The Face Specialist Pty Ltd (Migration) [2019] AATA 53
[2019] AATA 53
4 January 2019
CaseChat Overview and Summary
The applicant, The Face Specialist Pty Ltd, sought judicial review of a decision made by the Migration Review Tribunal. The dispute concerned the nomination of an occupation by the employer. The application for review was filed out of time.
The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged after the statutory time limit.
The Tribunal determined that the application for review was not received by the Tribunal until 24 October 2018. As this date was outside the period prescribed by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter.
Consequently, the Tribunal made no orders on the merits of the application, as it was unable to proceed due to the jurisdictional defect.
The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged after the statutory time limit.
The Tribunal determined that the application for review was not received by the Tribunal until 24 October 2018. As this date was outside the period prescribed by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter.
Consequently, the Tribunal made no orders on the merits of the application, as it was unable to proceed due to the jurisdictional defect.
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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Appeal
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Cases Citing This Decision
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Cases Cited
1
Statutory Material Cited
0
Beni v Minister for Immigration and Border Protection
[2018] FCAFC 228