SHANDONG BROTHERS PTY LTD (Migration)

Shandong Brothers Pty Ltd, the applicant, sought a review of a decision concerning an employer nomination. The Administrative Appeals Tribunal (AAT) considered whether the application for review had been lodged within the prescribed time limits.

The central legal issue before the Tribunal was whether the applicant's application for review was made within the time prescribed by the relevant legislation, which would determine whether the Tribunal had jurisdiction to hear the matter.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification of a decision 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 17 May 2017. Consequently, the prescribed period for lodging a review application expired on 7 June 2017. As the application was received by the Tribunal on 13 June 2017, it was lodged out of time.

The Tribunal concluded that it did not have jurisdiction to consider the application for review.