Grace (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Temporary Skill Shortage (Class GK) visa, subclass 482. The applicant sought review of a decision, but the application was lodged with the Tribunal after the prescribed time limit. The core of the dispute revolved around whether the applicant had been validly notified of the original decision, thereby triggering the time limit for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was filed out of time. This required the Tribunal to determine if the notification of the original decision was effective, notwithstanding the applicant's claim of not being personally aware of it. The Tribunal had to consider the legal effect of a notification sent to an authorised recipient.

The Tribunal reasoned that the application for review was received on 31 January 2019, which was beyond the statutory timeframe for lodging such an application. The Tribunal found that the notification letter had been sent to the applicant's authorised recipient. Applying the relevant legislative provisions, the Tribunal concluded that the notification to the authorised recipient was sufficient to commence the time limit for the review application. Consequently, as the application was not lodged within the prescribed period, the Tribunal determined that it lacked jurisdiction to consider the merits of the case.