Boateng (Migration)

The Administrative Appeals Tribunal considered a review application lodged by Mr. Boateng concerning a Student (Temporary) (Class TU) visa, subclass 500. The central dispute revolved around whether Mr. Boateng's application for review was lodged within the time prescribed by the relevant legislation.

The primary legal issue before the Tribunal was to determine the date on which Mr. Boateng was taken to have been notified of the decision under review, and consequently, the date by which his application for review was required to be lodged. This determination was crucial for establishing whether the Tribunal possessed jurisdiction to hear the matter.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification to have occurred on a specific date. In this instance, the Tribunal found that Mr. Boateng was taken to have been notified of the decision on 9 June 2017. This established that the prescribed period for lodging a review application expired on 30 June 2017. As Mr. Boateng's application was received by the Tribunal on 17 July 2017, it was lodged out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to consider the review application, as it had not been made in accordance with the relevant legislative requirements.