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Jurisdiction
3.49 There are a number of legislative requirements contained in the Migration Act that
must be met in order for an application for review to be validly made. These
requirements must be met for the tribunals to have the power or ‘jurisdiction’ to
review a decision. See
NRP – Jurisdiction for further information.
Jurisdiction – Rectifying administrative errors
3.50 Certain jurisdictional issues where an administrative error exists can be ‘rectified’
before the end of the prescribed lodgement period. Specifically:
a) If the wrong person applies for review and an amended form listing the correct
person as the RA is submitted prior to the end of the prescribed lodgement
period, the new form can be taken as rectifying the original application.
b) If an approved form is not used and subsequently the RA provides a completed
approved form prior to the end of the prescribed period, the new form can be
taken as rectifying the original application.
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c) If a required fee is not paid, and subsequently the RA pays the fee prior to the
end of the prescribed lodgement period, the jurisdiction issue is rectified.
3.51 In the case of a subclass 457 refusal, if it appears that there is no jurisdiction
because s.338(2)(d) is not satisfied, and if the prescribed lodgement period for the
sponsorship and visa refusals have not yet ended, there is stil time for applications to
be lodged that are within jurisdiction. If new applications are received that are within
jurisdiction, the new applications do not technically rectify the
original application,
which must be processed in accordance with no-jurisdiction procedures.
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Prescribed Lodgement Period
3.66 An application for review must be lodged within a specific time period. The time
period starts to run when the applicant is deemed to be notified of the Department’s
primary decision.
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3.67 An electronic tool (such as the Jurisdictionary, CaseMate, or the working days
calculator) must always be used to calculate the last day of the prescribed lodgement
period.
3.68 Applications received after the prescribed lodgement period must be accepted,
receipted and raised. A member wil determine whether the tribunal has jurisdiction to
conduct a review.
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Identify Jurisdiction Issues and Complete Jurisdiction Screen
4.11 The steps below contain a summary of how to identify jurisdiction issues. See NRP –
Jurisdiction if you are new to this process or require additional information.
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