CTV GROUP (AUSTRALIA) PTY LTD (Migration)

The Administrative Appeals Tribunal considered an application for review by CTV Group (Australia) Pty Ltd concerning a nomination decision. The applicant sought to review a decision related to a Subclass 457 (Temporary Work (Skilled) visa) nomination, with the central issue being whether the application for review was lodged within the prescribed time limits.

The primary legal issue before the Tribunal was to determine the date on which CTV Group (Australia) Pty Ltd was deemed to have been notified of the original decision. This notification date was critical for establishing the deadline by which a valid application for review could be lodged with the Tribunal.

The Tribunal found that, pursuant to section 494C of the Migration Act 1958 (Cth), the applicant was taken to have been notified of the decision on 25 May 2017. Consequently, the prescribed period for lodging a review application expired on 15 June 2017. As the application for review was received by the Tribunal on 6 July 2017, it was lodged out of time. The Tribunal concluded that it therefore lacked jurisdiction to hear the matter.