Nian (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant concerning a Business Skills (Residence)(Class DF) visa. The core of the dispute revolved around whether the applicant's review application was lodged within the prescribed time limits.

The Tribunal was required to determine whether it had jurisdiction to hear the applicant's review application. This involved ascertaining the date on which the applicant was deemed to have been notified of the original decision and, consequently, the expiry date of the period within which a valid application for review could be made.

The Tribunal reasoned that, pursuant to section 494C of the Migration Act 1958 (Cth), the applicant was taken to have been notified of the decision on 29 June 2017, as the refusal notification was sent to the applicant's agent's email on that date. This meant the prescribed period for lodging a review application expired on 20 July 2017. As the Tribunal did not receive the application until 5 September 2017, it was not made within the statutory timeframe.

Consequently, the Tribunal concluded that it lacked jurisdiction to consider the applicant's review application.