Nganga (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant concerning a Partner (Temporary) (Class UK) visa. The central dispute revolved around whether the applicant's application for review was lodged within the time prescribed by the relevant legislation.

The Tribunal was required to determine the date on which the applicant was taken to have been notified of the original decision, and consequently, the date on which the prescribed period for lodging a review application expired. The Tribunal then had to ascertain whether the application for review was received by the Tribunal before this expiry date.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems the applicant to have been notified of the decision on 16 August 2017. This established that the prescribed period for lodging a review application concluded on 6 September 2017. As the application for review was received by the Tribunal on 11 September 2017, it was lodged outside the statutory timeframe.

Consequently, the Tribunal found that it lacked jurisdiction to consider the merits of the application for review.