Ukachukwu (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for merits review by Mr Ukachukwu, a Nigerian citizen, concerning the refusal of his Partner (Temporary) (class UK) (subclass 820) and Partner (Residence) (class BS) (subclass 801) visas. The delegate of the Minister refused to grant these visas on 20 December 2023, with notification sent to the applicant's nominated email address. The applicant subsequently lodged his application for merits review with the Tribunal on 11 January 2024.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider Mr Ukachukwu's application for merits review, given that it was lodged after the prescribed time limit. The Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth) stipulated that an application for merits review must be lodged within 21 calendar days of being taken to have received the notification of the decision. The notification letter, sent by email on 20 December 2023, stated that the applicant was taken to have received it at the end of that day, making 10 January 2024 the final day for lodging the review application.

The Tribunal reasoned that the applicant was taken to have received the refusal notification on 20 December 2023. Consequently, the 21-day period for lodging a merits review application expired on 10 January 2024. As the applicant's application was received by the Tribunal on 11 January 2024, it was lodged out of time. The Tribunal noted that the time limit for lodging a merits review application is prescribed by law and cannot be extended. Therefore, the Tribunal concluded that it lacked jurisdiction to consider the application.