Mang (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant seeking a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The central dispute concerned whether the applicant's application for review of a previous decision 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. This date was critical for establishing the deadline by which a valid application for review could be lodged with the Tribunal.

The Tribunal found that the applicant was taken to have been notified of the decision on 9 August 2017. Consequently, the prescribed period for lodging a review application expired on 30 August 2017. As the application for review was received by the Tribunal on 6 September 2017, it was lodged out of time. The Tribunal concluded that it therefore lacked jurisdiction to hear the matter.