TRAN (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Student (Temporary) (Class TU) visa, Subclass 500. The applicant sought review of a decision, but the timeliness of their application was in dispute.

The central legal issue before the Tribunal was whether the applicant's application for review had been lodged within the prescribed time limit. This required the Tribunal to determine the date on which the applicant was deemed to have been notified of the original decision.

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 of the decision on 27 April 2017. Consequently, the prescribed period for lodging a review application expired on 18 May 2017. As the application was received by the Tribunal on 26 May 2017, it was lodged out of time.

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