Sherpunja (Migration)

The Administrative Appeals Tribunal considered an application for review by Sherpunja concerning the cancellation of a Student (Temporary) (Class TU) Subclass 500 visa. The core of the dispute revolved around whether Sherpunja's application for review was lodged within the time prescribed by the relevant legislation.

The primary legal issue before the Tribunal was to determine the date on which Sherpunja was taken to have been notified of the cancellation decision, and consequently, the deadline for lodging a valid application for review. This determination was crucial to establishing whether the Tribunal possessed jurisdiction to hear the merits of Sherpunja's application.

The Tribunal applied section 494C of the Migration Act 1958 (Cth), which deems notification of a decision to have occurred on a specific date. In this instance, the Tribunal found that Sherpunja was taken to have been notified of the cancellation decision on 5 June 2017. This established that the prescribed period for lodging an application for review expired on 15 June 2017. As Sherpunja's application was not received by the Tribunal until 16 August 2017, it was therefore lodged out of time.

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