1611363 (Migration)

The applicant sought review of a decision, but the Administrative Appeals Tribunal (AAT) determined it lacked jurisdiction. The dispute centred on whether the applicant's review application was lodged within the time prescribed by the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was to ascertain the date on which the applicant was taken to have been notified of the decision under review, and consequently, the expiry date of the period within which a valid application for review could be lodged.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth), which deems notification to have occurred on a specific date. Based on this provision, the Tribunal found that the applicant was notified on 29 June 2016, meaning the prescribed period for lodging a review application expired on 20 July 2016. As the application was received by the Tribunal on 26 July 2016, it was out of time.

Consequently, the Tribunal concluded that it did not have jurisdiction to consider the merits of the applicant's review application.