Bae (Migration)

The applicant, Bae, sought review of a decision concerning a Visitor (Class FA) visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the applicant's review application.

The central legal issue before the Tribunal was whether the applicant's application for review had been lodged within the time prescribed by the relevant legislation. This required the Tribunal to ascertain the date on which the applicant was taken to have been notified of the original decision.

The Tribunal found that the applicant was taken to have been notified of the decision on 23 March 2021. Consequently, the prescribed period for lodging an application for review expired on 13 April 2021. As the application for review was not received by the Tribunal until 2 June 2021, it was lodged outside the statutory timeframe. The Tribunal therefore concluded that the application for review was not made in accordance with the relevant legislation, and it lacked jurisdiction to consider the matter.

The Tribunal determined that it did not have jurisdiction in this matter.