CHG17 v Minister for Immigration

The applicant, CHG17, sought judicial review of a decision by the Migration Review Tribunal (MRT) to dismiss their application as being filed out of time. The MRT had found that the applicant had been correctly notified of the delegate's decision in accordance with section 494C of the *Migration Act 1958* (Cth), rendering the subsequent application to the Tribunal incompetent due to its late filing.

The central legal issue before the court was whether the MRT had erred in its determination that the applicant had received proper notification of the delegate's decision. This involved an examination of the requirements for notification under section 494C of the *Migration Act* and whether the circumstances of the notification satisfied those requirements, thereby establishing the commencement of the time limit for lodging an appeal with the MRT.

His Honour Judge Wilson reasoned that the MRT's finding of proper notification was a factual determination based on the evidence before it. The court found no error of law in the MRT's conclusion that the notification process complied with the statutory requirements. Consequently, the MRT correctly concluded that the application was lodged out of time and therefore lacked jurisdiction to hear the merits of the applicant's case. The application for judicial review was dismissed.