BOLIVAR (Migration)

This matter concerned an application for review by Mr Bolivar of a decision made by the Department. The core of the dispute revolved around whether Mr Bolivar's application for review was lodged within the prescribed timeframe. The decision was made by Member Katie Malyon of the Tribunal.

The primary legal issue before the Tribunal was whether Mr Bolivar had been validly notified of the Department's decision, and consequently, whether his subsequent application for review was filed within the statutory time limit. This involved determining the date of notification and the expiry of the period within which a review application could be made.

The Tribunal determined that, pursuant to section 494C of the relevant Act, Mr Bolivar was deemed to have been notified of the Department's decision on 9 February 2017. This notification date established that the prescribed period for lodging a review application concluded on 2 March 2017. As Mr Bolivar's application was received by the Tribunal on 14 March 2017, it was lodged outside the statutory timeframe. The Tribunal concluded that it therefore lacked jurisdiction to hear the matter.