The Trustee For Repose Hotels Unit Trust (Migration)

The applicant, The Trustee For Repose Hotels Unit Trust, sought a review of a decision concerning an employer nomination. The dispute centred on whether the application for review was lodged within the time prescribed by the relevant legislation. The decision was made by Danica Buljan, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that it was lodged after the expiry of the prescribed period. This required the Tribunal to determine the precise date on which the time limit for lodging the review application expired and to assess whether the application was received by the Tribunal before or after that date.

The Tribunal reasoned that the prescribed period for making the review application concluded on 25 July 2017. As the application was not received by the Tribunal until 28 July 2017, it was therefore lodged out of time. Consequently, the Tribunal concluded that it lacked the necessary jurisdiction to consider the matter. The Tribunal therefore made no order in relation to the merits of the employer nomination itself, as its jurisdiction was confined to determining the timeliness of the review application.