Ngo (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision, but the application was lodged outside the prescribed time limit. The central dispute revolved around when the applicant was deemed to have been notified of the original decision.

The primary legal issue before the Tribunal was whether the applicant had been validly notified of the decision to refuse their visa application within the meaning of the *Migration Act 1958* (Cth). This determination was crucial for establishing the commencement of the time period within which a valid application for review could be lodged with the Tribunal.

The Tribunal found that, pursuant to section 494C of the *Migration Act 1958* (Cth), the applicant was taken to have been notified of the decision on 18 July 2017. This deeming provision applied despite the applicant's assertion that the notification email was received in their junk mail folder. Consequently, the prescribed period for lodging a review application expired on 8 August 2017. As the application was received by the Tribunal on 17 August 2017, it was lodged out of time.

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