SU (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Student (Temporary) (Class TU) visa, Subclass 572 Vocational Education and Training Sector. The applicant sought review of a decision, but the central 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 taken 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. The Tribunal was required to ascertain if the application for review was lodged within that statutory timeframe.

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 the applicant was taken to have been notified on 11 July 2014. Consequently, the prescribed period for lodging a review application expired on 1 August 2014. As the application for review was not received by the Tribunal until 21 November 2017, it was significantly out of time.

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