The Court dismissed the applicant's review of a registrar's summary judgment order, confirming that the Tribunal lacked jurisdiction where the application for merits review was lodged outside the prescribed 28-day period under s 412(1)(b) of the Migration Act and reg 4.31. The deemed notification provision in s 494C is not rebuttable, so the applicant's claim that he did not actually receive the delegate's decision emailed to his nominated email address was irrelevant to the jurisdictional time limit. The applicant's concession that the registrar's decision was correct effectively disposed of the review application.
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