KIM (Migration)

The Administrative Appeals Tribunal (AAT) considered a matter involving an applicant seeking review of a decision concerning a Medical Treatment (Visitor) (Class UB) visa, subclass 602. The core of the dispute revolved around the timeliness of the applicant's application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was lodged after the prescribed time limit. This required the Tribunal to determine the date on which the applicant was deemed to have been notified of the original decision.

The Tribunal reasoned that pursuant to section 494C of the *Migration Act 1958* (Cth), the applicant was taken to have been notified of the decision on 3 October 2017. Consequently, the prescribed period for lodging an application for review expired on 24 October 2017. As the application was received by the Tribunal on 26 October 2017, it was out of time. The Tribunal concluded that the application for review was not made in accordance with the relevant legislative provisions, and therefore, the Tribunal lacked jurisdiction to proceed with the matter.