Luo (Migration)

The applicant, Luo, sought review of a decision concerning a Regional Employer Nomination (Permanent) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the applicant's review application.

The central legal issue was whether the applicant's application for review had been lodged within the prescribed time limit. This required the Tribunal to consider the date on which the applicant was taken to have been notified of the original decision, and consequently, the date by which the review application had to be lodged.

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 12 July 2017. This meant the prescribed period for lodging a review application expired on 2 August 2017. As the application for review was received by the Tribunal on 3 August 2017, it was lodged outside the statutory time limit. Consequently, the Tribunal determined it lacked jurisdiction to consider the merits of the application.