Modasiya (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning a Student (Temporary) (Class TU) Subclass 500 visa. The applicant sought review of a decision, but the AAT determined it lacked jurisdiction to hear the matter.

The central legal issue before the Tribunal was whether the applicant had lodged their application for review within the prescribed time limit. This question hinged on when the applicant was deemed to have been notified of the decision under review, specifically in relation to the "last email address known to the Minister."

The Tribunal reasoned that the applicant was taken to have been notified of the decision on 13 February 2023, based on the provisions concerning notification to the last known email address. As the application for review was not received by the Tribunal until 15 August 2023, it was therefore lodged outside the relevant statutory time limit. Consequently, the Tribunal concluded it had no jurisdiction to consider the merits of the application.