Mohamed and Minister for Immigration and Multicultural Affairs (Migration)

This matter concerned an application for merits review of a visa refusal decision made by the Minister for Immigration and Multicultural Affairs. The applicant, Mr. Mohamed, sought review of the delegate's decision, which had been notified to him via email. The central dispute revolved around whether the notification of the decision was effective on 18 June 2024, thereby triggering a strict nine-day time limit for lodging an application for merits review with the Administrative Appeals Tribunal (AAT).

The Administrative Appeals Tribunal was required to determine two primary legal issues. Firstly, whether the notice of the visa refusal decision provided to Mr. Mohamed on 18 June 2024 complied with the requirements of the *Migration Act 1958* (Cth) and was given in the prescribed manner. Secondly, if the notice was valid, whether Mr. Mohamed's application for review, lodged on 26 August 2024, was made within the nine-day time limit prescribed by section 500(6B) of the Act, and consequently, whether the Tribunal had jurisdiction to hear the application.

The Tribunal reasoned that Mr. Mohamed's preferred and consistently used email address was the designated method for receiving correspondence from the Respondent. Consequently, the notification of the visa refusal decision sent to this address on 18 June 2024 was deemed effective on that date, regardless of whether Mr. Mohamed had opened or read the email. The Tribunal noted that the contents of the notice complied with section 501G(1) of the Act and provided clear information regarding review rights and the strict nine-day timeframe. Crucially, the Tribunal affirmed that it has no discretion to extend this time limit, as expressly excluded by section 500(6B) of the Act. As Mr. Mohamed failed to lodge his application within the prescribed nine days, the Tribunal concluded it lacked jurisdiction.

Accordingly, the Tribunal dismissed Mr. Mohamed's application for merits review for want of jurisdiction under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth).