HU (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by a person identified as HU concerning a refusal of a Medical Treatment (Visitor) (Class UB) visa. The central dispute revolved around whether HU's application for review was lodged within the statutory time limit.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider HU's application for review, given that it was received by the Tribunal on 4 June 2018, after the prescribed time for lodging such an application had expired. This question hinged on whether the notification of the visa refusal had been effectively communicated to HU in accordance with the relevant legislative requirements.

The Tribunal found that the notification of the visa refusal had been sent by email, and that this method of notification complied with the statutory requirements. As the application for review was not received by the Tribunal until 4 June 2018, it was therefore not made in accordance with the relevant legislation. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter.