1613659 (Migration)

The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to review a decision concerning an applicant. The applicant sought review of a decision, but the Tribunal found that the application was lodged outside the prescribed time limit.

The primary legal issue before the Tribunal was whether the applicant had been validly notified of the original decision, and consequently, whether the application for review was filed within the statutory timeframe. This involved determining the date on which notification was deemed to have occurred.

The Tribunal was satisfied that the applicant had been properly notified of the decision via email on 15 July 2016. Under the relevant legislation, this meant the prescribed period for lodging a review application expired on 5 August 2016. As the application was received by the Tribunal on 26 August 2016, it was lodged out of time. Consequently, the Tribunal concluded it lacked jurisdiction to hear the matter.