Taste India Pty Ltd (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving Taste India Pty Ltd. The dispute concerned an application for review of a decision, which the applicant lodged outside the prescribed time limit.

The primary legal issue before the Tribunal was whether the application for review had been lodged within the time stipulated by the relevant legislation. This required the Tribunal to determine the date on which the applicant was deemed to have been notified of the original decision.

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 notified on 17 October 2016, meaning the period for lodging a review application expired on 7 November 2016. As the application was received on 25 July 2017, it was lodged significantly out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter because the review application was not made in accordance with the relevant legislative requirements.