Pham (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking review of a decision concerning a Student (Temporary) (Class TU) visa. The central dispute revolved around whether the applicant's application for review had been lodged within the time prescribed by the relevant legislation.

The Tribunal was required to determine whether it had jurisdiction to hear the applicant's review application. This involved ascertaining the date on which the applicant was deemed to have been notified of the original decision and, consequently, the expiry date of the period within which a review application could be validly lodged.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification of a decision to have occurred on a specific date. Based on this provision, the Tribunal found that the applicant was taken to have been notified on 25 March 2024, meaning the prescribed period for lodging a review application expired on 15 April 2024. As the application was received on 19 April 2024, it was lodged outside the statutory time limit.

Consequently, the Tribunal concluded that the application for review was not made in accordance with the relevant legislation, and therefore, the Tribunal lacked jurisdiction to consider the matter.