ESCOBAR (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant concerning a Training (Class GF) visa, subclass 407. The core of the dispute revolved around whether the applicant's application for review of a decision was lodged within the time prescribed by the relevant legislation.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application. This question turned on whether the application for review had been made within the prescribed time limit, which in turn depended on when the applicant was deemed to have been notified of the original decision.

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 9 August 2017. Consequently, the prescribed period for lodging a review application expired on 30 August 2017. As the application for review was not received by the Tribunal until 6 December 2017, it was lodged out of time. The Tribunal concluded that the application was not made in accordance with the relevant legislative requirements, and therefore, it lacked jurisdiction to proceed with the review.