LMV (AUSTRALIA) PTY LTD (Migration)

This matter concerned an application for review of a decision regarding the approval of an employer nomination, brought before the Tribunal by LMV (Australia) Pty Ltd. The central dispute revolved around whether the application for review had been lodged within the time prescribed by the relevant legislation.

The Tribunal was required to determine the date on which the applicant was deemed to have been notified of the original decision, and consequently, the date by which the application for review must be filed. The Tribunal then had to ascertain whether the application for review was received by the Tribunal within this prescribed period.

The Tribunal applied section 494C of the Act, which deems notification to have occurred on a specific date, 24 October 2017. Based on this deemed notification date, the Tribunal calculated that the period for lodging a review application expired on 14 November 2017. As the application for review was received on 21 November 2017, it was found to be out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.