The Face Specialist Pty Ltd (Migration)

Case

[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.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Appeal

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