Nahari (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa. 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 section 494C of the Migration Act 1958 (Cth), which deems notification to have occurred on 14 June 2017. Consequently, the prescribed period for lodging a review application expired on 5 July 2017. As the application was received by the Tribunal on 19 July 2017, it was lodged out of time.

The Tribunal concluded that it lacked jurisdiction to hear the matter due to the late lodgement of the application for review.