Nurmalinda (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant sought review of a decision, but the core of the dispute revolved around whether this review application was lodged within the prescribed time limits.

The primary legal issue before the Tribunal was to determine the date on which the applicant was deemed to have been notified of the original decision. This date was crucial for establishing the commencement of the period within which a valid application for review could be made to the Tribunal.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth) to determine the notification date. It found that the applicant was taken to have been notified of the decision on 28 April 2017. Consequently, the prescribed period for lodging a review application expired on 19 May 2017. As the applicant's review application was received by the Tribunal on 28 May 2017, it was lodged out of time.

The Tribunal concluded that it lacked jurisdiction to hear the matter because the review application was not made in accordance with the relevant legislative requirements.