GOPAL (Migration)

The Administrative Appeals Tribunal considered an application for review by Gopal concerning a decision related to a Student (Temporary) (Class TU) Subclass 500 visa. The central dispute revolved around whether Gopal's application for review was lodged within the prescribed timeframe.

The primary legal issue before the Tribunal was to determine the date on which Gopal was taken to have been notified of the original decision, 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 merits of his application.

The Tribunal applied regulation 2.55 of the Migration Regulations 1994, which deems notification to have occurred on a specific date. Based on this regulation, the Tribunal found that Gopal was taken to have been notified of the decision on 14 August 2017. This established 4 September 2017 as the final date for lodging a review application. As Gopal's application was received on 14 September 2017, it was lodged outside the prescribed period.

Consequently, the Tribunal concluded that it lacked jurisdiction to consider the application for review.