1606835 (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision made under the *Migration Act 1958* (Cth). The applicant sought to have a decision reviewed by the Tribunal, but the Tribunal found that the application was lodged outside the prescribed time limit.

The central legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation. This required the Tribunal to determine the date on which the applicant was taken 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 taken to have been notified of the decision on 18 April 2016. Consequently, the prescribed period for lodging a review application expired on 9 May 2016. As the application was received by the Tribunal on 13 May 2016, it was out of time.

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