Thobkaew (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Student (Temporary) (Class TU) visa (Subclass 500). The applicant sought review of a decision, but the application was lodged outside the prescribed time limit.

The primary legal issue before the Tribunal was whether the applicant's review application had been made within the time prescribed by the relevant legislation. This required the Tribunal to determine the date on which the applicant was taken to have been notified of the original decision.

The Tribunal found that the decision notice was emailed on the date it was issued to the correct email address, satisfying the requirements of sections 66(1) and 494B(5) of the Act. Consequently, pursuant to section 494C of the Act, the applicant was deemed to have been notified of the decision on 19 June 2017. The prescribed period for lodging a review application therefore concluded on 10 July 2017. As the application was received by the Tribunal on 21 July 2017, it was lodged out of time.

The Tribunal concluded that it lacked jurisdiction to consider the review application because it had not been made in accordance with the relevant legislative provisions.