Simpson and Co Painting Pty Ltd (Migration)

The Administrative Appeals Tribunal considered a migration matter involving Simpson and Co Painting Pty Ltd, the applicant, and the Department of Home Affairs (implied). The dispute concerned the applicant's application for review of a decision regarding the approval of a nominated position under the Temporary Residence Transition Stream, which was lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made within the prescribed time limit. This required the Tribunal 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 time for lodging a review application expired.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification to have occurred on 13 October 2017. Based on this deemed notification date, the prescribed period for lodging a review application concluded on 3 November 2017. As the applicant's review application was received by the Tribunal on 7 November 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, as it had not been made in accordance with the relevant legislative requirements. The Tribunal therefore made no order other than that it did not have jurisdiction in the matter.