MILLAN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Millan concerning a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The central dispute revolved around whether Mr Millan's application for review was lodged within the prescribed time limits.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr Millan's application for review, given that the application was lodged after the statutory deadline. This required the Tribunal to determine the date on which Mr Millan was deemed to have been notified of the delegate's decision and, consequently, the date on which the period for lodging a review application expired.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems a person to have been notified of a decision on a specific date. In this instance, the Tribunal found that Mr Millan was taken to have been notified of the delegate's decision on 30 July 2018. Accordingly, the prescribed period for lodging an application for review concluded on 20 August 2018. As Mr Millan's application was received by the Tribunal on 19 September 2018, it was not made in accordance with the relevant legislative requirements.

Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of Mr Millan's application for review.