Campbell (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Subclass 187 Regional Employer Nomination (Permanent) visa. The applicant sought review of a decision made under the Regional Sponsored Migration Scheme.

The central legal issue before the Tribunal was whether the application for review had been lodged within the prescribed time limit. This required the Tribunal to determine the date on which the applicant was taken to have been notified of the original decision.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification to have occurred on a specific date. In this instance, the Tribunal found that the applicant was taken to have been notified on 10 July 2017, meaning the deadline for lodging a review application was 31 July 2017. As the application was received on 23 August 2017, it was lodged out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the review application.