1612540 (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant concerning a migration decision. The central dispute revolved around whether the applicant had lodged their application for review within the time prescribed by the relevant legislation.

The Tribunal was required to determine the date on which the applicant was taken to have been notified of the original decision, and consequently, the date on which the prescribed period for lodging a review application expired. The Tribunal then had to ascertain whether the application for review was received within this prescribed period.

Applying section 494C of the Migration Act 1958 (Cth), the Tribunal found that the applicant was taken to have been notified of the decision on 8 July 2016. This established that the deadline for lodging the review application was 29 July 2016. As the application was not received until 11 August 2016, it was lodged out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.