The Trustee for Woodcock Family Trust (Migration)

The Administrative Appeals Tribunal considered an application for review lodged by The Trustee for Woodcock Family Trust concerning a migration decision. The core of the dispute revolved around whether the application for review had been filed within the time prescribed by the relevant legislation.

The Tribunal was required to determine the date on which the applicant was taken to have been notified of the original decision, and consequently, the date by which the application for review had to be lodged. The central legal issue was whether the application, received on 23 May 2017, was made within the prescribed period.

The Tribunal found that the applicant was taken to have been notified of the decision on 1 May 2017. Applying the relevant legislative provisions, this meant the prescribed period for lodging a review application expired on 22 May 2017. As the application was received by the Tribunal on 23 May 2017, it was therefore lodged out of time. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter.