RANA (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant concerning a Subclass 602 (Medical Treatment) visa. The central dispute revolved around whether the applicant had lodged their application for review within the prescribed timeframe.

The primary legal issue before the Tribunal was to determine whether it possessed jurisdiction to hear the applicant's review. This required the Tribunal to ascertain 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 valid application for review could be 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, 27 July 2017. Based on this deemed notification date, the Tribunal calculated that the prescribed period for lodging a review application expired on 17 August 2017. As the applicant's review application was received by the Tribunal on 29 August 2017, it was found to be out of time. Consequently, the Tribunal concluded that the application for review had not been made in accordance with the relevant legislation, and therefore, it lacked jurisdiction to proceed with the matter.