Thompson (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Partner (Provisional) (Class UF) visa. The applicant sought review of a decision, but the Tribunal was required to determine whether that application was lodged within the prescribed time.

The central legal issue before the Tribunal was whether the applicant had been notified of the original decision in a manner that triggered the commencement of the time limit for lodging a review application. Specifically, the Tribunal had to ascertain the date of notification and, consequently, the date by which the review application must have been received.

The Tribunal found that the applicant was taken to have been notified of the decision on 13 July 2017. This notification date established 21 September 2017 as the final day for the applicant to lodge their application for review. As the application was received by the Tribunal on 22 September 2017, it was lodged out of time. The Tribunal concluded that it therefore lacked jurisdiction to consider the merits of the review application.