Purves (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The central dispute revolved around whether the applicant's application for review of a decision 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 by which the application for review had to be lodged. The Tribunal then had to ascertain whether the application for review was received within this prescribed period.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification to have occurred on a specific date. Based on this provision, the Tribunal found that the applicant was taken to have been notified of the decision on 16 January 2018. This established that the prescribed period for lodging an application for review expired on 6 February 2018. As the application for review was not received by the Tribunal until 13 February 2018, it was therefore not made in accordance with the legislative requirements.

Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.