Jawed (Migration)

The applicant, Mr. Jawed, sought review of a decision concerning his Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear Mr. Jawed's application for review.

The central legal issue before the Tribunal was whether Mr. Jawed's application for review had been lodged within the prescribed time limit. This involved interpreting section 494C of the Migration Act 1958 (Cth) to ascertain the date of notification of the original decision and, consequently, the date by which the review application had to be filed.

The Tribunal found that, pursuant to section 494C of the Act, Mr. Jawed was taken to have been notified of the decision on 25 July 2016. This established that the prescribed period for lodging a review application expired on 15 August 2016. As the Tribunal did not receive Mr. Jawed's application until 16 August 2016, it concluded that the application was made out of time and therefore the Tribunal lacked jurisdiction to consider the merits of the case.