Mirupasi (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking review of a delegate's decision concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The core of the dispute revolved around the validity of the applicant's application for review, specifically whether it was lodged within the prescribed time limit.

The Tribunal was required to determine whether the applicant had been validly notified of the delegate's decision and, consequently, whether their application for review was lodged within the statutory timeframe. The central legal issue was the interpretation and application of Regulation 2.55 of the Migration Regulations 1994 (Cth) in relation to the deemed notification date of the delegate's decision.

The Tribunal reasoned that, pursuant to Regulation 2.55, the applicant was deemed to have been notified of the delegate's decision on 20 July 2017. This deemed notification date established 10 August 2017 as the final day for lodging a valid review application. As the application for review was not received by the Tribunal until 19 September 2017, it was lodged outside the prescribed period. Accordingly, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.

The Tribunal ordered that it does not have jurisdiction in this matter.