1613439 (Migration)

The applicant sought review of a decision made by the Tribunal. The central dispute concerned whether the applicant's application for review was lodged within the prescribed time limit. The decision was made by Adrian Ho, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine the date on which the applicant was taken to have been notified of the original decision. This date was critical for calculating the prescribed period within which a valid application for review could be made. The Tribunal was required to ascertain if the application for review was received by the Tribunal before the expiry of this period.

The Tribunal reasoned that the applicant was taken to have been notified of the decision on 29 July 2016. Consequently, the prescribed period for lodging a review application expired on 19 August 2016. As the application for review was received by the Tribunal on 24 August 2016, it was lodged outside the statutory timeframe. The Tribunal concluded that it lacked jurisdiction to hear the matter because the application was not made in accordance with the relevant legislation. The Tribunal therefore made no order other than to state that it does not have jurisdiction in this matter.