1611030 (Migration)

The Administrative Appeals Tribunal considered a matter involving a company and its application for review of a decision. The core dispute concerned whether the company's application for review had been lodged within the time prescribed by the relevant legislation.

The Tribunal was required to determine whether the company had been validly notified of the decision under section 494C of the Act, and consequently, whether the prescribed period for lodging a review application had expired before the application was actually received by the Tribunal.

The Tribunal found that, pursuant to section 494C of the Act, the company was taken to have been notified of the decision on 27 June 2016. This notification date established that the prescribed period for lodging a review application concluded on 18 July 2016. As the application for review was received by the Tribunal on 20 July 2016, it was therefore lodged outside the statutory timeframe. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter. The Tribunal made no orders as it determined it did not have jurisdiction.