ilyas (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application lodged by an applicant concerning a Student (Temporary) (Class TU) visa, subclass 500. The central dispute revolved around whether the application for review had been lodged within the prescribed time limits.

The Tribunal was required to determine the date on which the applicant was taken to have been notified of the original decision, and consequently, the date on which the prescribed period for lodging a review application expired. This determination was crucial to establishing whether the AAT 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. Based on this provision, the Tribunal found that the applicant was notified of the decision on 1 May 2017, meaning the deadline for lodging a review application was 22 May 2017. As the application was received on 30 May 2017, it was lodged out of time.

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