JU (Migration)

The Administrative Appeals Tribunal considered a review application lodged by an applicant concerning a Student (Temporary) (Class TU) visa, Subclass 500. The central dispute revolved around whether the applicant's review application 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 decision under review, and consequently, whether the subsequent application for review was filed within the statutory timeframe. This determination was crucial for establishing the Tribunal's jurisdiction to hear the matter.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), finding that the applicant was deemed to have been notified of the decision on 6 June 2017. This established 27 June 2017 as the final date for lodging a valid review application. As the application was received by the Tribunal on 29 June 2017, it was therefore out of time. Consequently, the Tribunal concluded it lacked jurisdiction to proceed with the review.