1610265 (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant concerning a migration decision. The central dispute revolved around whether the applicant had lodged their application for review within the time prescribed by the relevant legislation.

The Tribunal was required to determine the date on which the applicant was deemed to have been notified of the original decision, and consequently, the date by which the application for review must be lodged. This determination was crucial to establishing whether the Tribunal had jurisdiction to hear the substantive merits of the application.

The Tribunal applied rule 2.55(7) of the Act, which deems an applicant to have been notified of a decision on a specific date. Applying this rule, the Tribunal found that the applicant was notified on 24 June 2016, meaning the prescribed period for lodging a review application expired on 5 July 2016. As the application was received on 8 July 2016, it was lodged out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to consider the application for review.