Khan (Migration)

In *Khan (Migration)*, the Administrative Appeals Tribunal (AAT) considered an application for review of a delegate's decision concerning a Skilled Independent (Permanent) visa (Subclass 189). The applicant, Mr Khan, sought to have the decision reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Mr Khan's application for review had been lodged within the time prescribed by the relevant legislation. This involved determining the date on which Mr Khan was deemed to have been notified of the delegate's decision and, consequently, the expiry date of the period within which a review application could be validly made.

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 Mr Khan was notified of the delegate's decision on 19 March 2018. The prescribed 21-day period for lodging a review application therefore expired on 9 April 2018. As the application was received by the Tribunal on 10 April 2018, it was lodged out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of Mr Khan's application for review.