Chan (Migration)

This matter concerned an application for review of a decision relating to a Regional Employer Nomination (Permanent) visa. The applicant sought review of a decision, but the application was lodged outside the prescribed time limit. The Tribunal was required to determine whether it had jurisdiction to hear the application.

The central legal issue before the Tribunal was whether the applicant's application for review had been made within the time prescribed by the relevant legislation. This involved determining 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 of a decision to have occurred on a specific date. In this instance, the Tribunal found that the applicant was taken to have been notified of the decision on 30 May 2017. Consequently, the prescribed period for lodging a review application expired on 20 June 2017. As the application for review was received by the Tribunal on 28 June 2017, it was lodged out of time.

The Tribunal concluded that it lacked jurisdiction to consider the merits of the application because it had not been made in accordance with the legislative requirements. Accordingly, the Tribunal made no order in relation to the merits of the visa application.