1615222 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning a Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The applicant sought review of a decision, but the core of the dispute revolved around whether their application for review was lodged within the time prescribed by the relevant legislation.

The Tribunal was required to determine the date on which the applicant was taken to have been notified of the decision under section 494C of the Migration Act 1958 (Cth). Following from this, the Tribunal had to ascertain the prescribed period within which a valid application for review could be made and whether the applicant's lodgement fell within that period.

The Tribunal reasoned that, pursuant to section 494C of the Act, the applicant was deemed to have been notified of the decision on 20 August 2010. Consequently, the prescribed period for lodging a review application expired on 31 August 2010. As the application for review was not received by the Tribunal until 20 September 2016, it was lodged significantly out of time. The Tribunal concluded that the application was not made in accordance with the relevant legislative requirements, thereby divesting the Tribunal of jurisdiction to hear the matter. The Tribunal therefore made no order in relation to the merits of the application, as it lacked jurisdiction.