Vilano (Migration)

The applicant sought review of a decision concerning a Student (Temporary) (Class TU) visa, Subclass 500 (Student). The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant's application for review had been lodged within the prescribed time limit.

The central legal issue was whether the applicant had made their application for review within the time prescribed by the relevant legislation. This involved determining the date on which the applicant was taken to have been notified of the original decision.

The Tribunal found that, pursuant to section 494C of the *Migration Act 1958* (Cth), the applicant was taken to have been notified of the decision on 15 May 2017. Consequently, the prescribed period for lodging a review application expired on 5 June 2017. As the application for review was not received by the Tribunal until 15 June 2017, it was lodged out of time.

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