Hoang (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The applicant sought review of a decision, but the central dispute revolved around whether the application for review was lodged within the prescribed time limits.

The primary legal issue before the Tribunal was to determine the date on which the applicant was taken to have been notified of the original decision. This date was crucial for calculating the deadline by which the application for review had to be lodged. The Tribunal was required to ascertain whether the applicant's review application was received by the Tribunal before or after this calculated deadline.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification of a decision to have occurred on a specific date. In this instance, the Tribunal found that the applicant was taken to have been notified of the decision on 13 November 2017. Consequently, the prescribed period for lodging a review application expired on 22 November 2017. As the application for review was received by the Tribunal on 23 November 2017, it was lodged out of time.

Based on these findings, the Tribunal concluded that it lacked jurisdiction to consider the merits of the review application. The Tribunal therefore made no order in relation to the merits of the visa application itself, but rather dismissed the matter for want of jurisdiction.