MTL ROOFING GROUP PTY LTD (Migration)

This matter concerned an application for review of a decision by the Minister regarding an application for approval of a training nomination. The applicant sought merits review of the Minister's decision, but the application for review was lodged with the Tribunal on 17 April 2020, which was more than 21 days after the applicant was notified of the refusal. The applicant argued that the notification of the refusal was not validly effected, and therefore the time limit for seeking review had not commenced.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged outside the prescribed time limit. This required the Tribunal to consider the requirements for notification of a decision under section 66(2) of the *Migration Act 1958* (Cth) and whether the applicant had been validly notified of the refusal and the time limit for applying for review. The Tribunal also had to determine if it had any power to extend the time limit for lodging an application for review.

The Tribunal reasoned that the applicant's submission that the Tribunal was obligated to provide evidence of receipt of the refusal notice was misguided, as the Tribunal's role is one of independent merits review, not evidence gathering for the parties. The Tribunal noted that it had informed the applicant that the decision was notified by letter dated 18 December 2019 and dispatched by email. The applicant had not provided any evidence to contradict this notification. The Tribunal further observed that the applicant had lodged an "Application for Extension of Time for Making an Application for Review of Decision form," but it had no power to accept such applications.

Consequently, the Tribunal concluded that as the application for review was received on 17 April 2020, it was not made in accordance with the relevant legislation. The Tribunal held that it had no jurisdiction in the matter.