LE (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant sought review of a decision, but the application was lodged outside the prescribed time limit.

The central legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation. This required the Tribunal to determine the date on which the applicant was taken to have been notified of the original decision.

The Tribunal applied regulation 2.55 of the Migration Regulations 1994, which deems notification to have occurred on a specific date. Based on this regulation, the Tribunal found that the applicant was notified of the decision on 23 March 2017. Consequently, the prescribed period for lodging a review application expired on 13 April 2017. As the application was received by the Tribunal on 18 April 2017, it was out of time.

The Tribunal concluded that it lacked jurisdiction to consider the review application because it had not been made in accordance with the relevant legislative requirements.