Romero (Migration)

In *Romero (Migration)*, the Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant, Mr Romero, sought to challenge a decision made by the Department of Home Affairs, but his application for review was lodged with the Tribunal after the prescribed time limit had expired. The central dispute revolved around whether Mr Romero had been validly notified of the Department's decision and, consequently, whether his application for review was filed within the statutory timeframe.

The primary legal issue before the Tribunal was to determine the date on which Mr Romero was deemed to have been notified of the Department's decision. This determination was crucial for establishing the commencement of the period within which he was required to lodge his application for review. The Tribunal was required to interpret and apply section 494C of the relevant migration legislation, which governs deemed notification of decisions sent by post.

The Tribunal found that, pursuant to section 494C of the Act, Mr Romero was taken to have been notified of the Department's decision on 31 October 2017, being the date he was deemed to have received the letter sent by prepaid post. Consequently, the prescribed period for lodging an application for review expired on 21 November 2017. As the application for review was not received by the Tribunal until 23 November 2017, it was lodged out of time. The Tribunal concluded that it therefore lacked jurisdiction to consider the merits of Mr Romero's application.