Yip (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr. Yip concerning a decision relating to a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The core of the dispute was whether the Tribunal had jurisdiction to hear Mr. Yip's application for review, which had been lodged after the prescribed time limit.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider Mr. Yip's application for review, given that the application was not received by the Tribunal within the statutory timeframe stipulated by the relevant migration legislation.

The Tribunal determined that the application for review was not made in accordance with the legislative requirements because it was received by the Tribunal on 2 December 2022, which was outside the permitted period. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore made no substantive decision on the merits of Mr. Yip's visa application.