Singh (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Subclass 186 Employer Nomination Scheme visa. The applicant, Mr. Singh, sought review of a decision, but the Tribunal was required to determine whether his application for review was lodged within the prescribed time limits.

The central legal issue before the Tribunal was whether the applicant had been afforded a reasonable opportunity to present his case, specifically in relation to the notification date of the original decision. This determination was crucial for establishing the commencement of the time period within which a valid application for review could be made.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification to have occurred on a specific date. In this instance, the Tribunal found that the applicant was taken to have been notified of the decision on 6 April 2017. Consequently, the prescribed period for lodging a review application expired on 27 April 2017. As the applicant's review application was received by the Tribunal on 28 April 2017, it was deemed out of time.

The Tribunal concluded that it lacked jurisdiction to consider the merits of the application because it had not been made in accordance with the relevant legislative requirements. Therefore, the Tribunal made no order on the merits of the visa application itself.