Vuong (Migration)

The applicant, Mr. Vuong, sought review of a decision concerning his Contributory Parent (Migrant) (Class CA) visa application. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear Mr. Vuong's application for review.

The central legal issue before the Tribunal was whether Mr. Vuong's application for review had been lodged within the time prescribed by the relevant legislation. This required the Tribunal to ascertain the date on which Mr. Vuong was deemed to have been notified of the original decision.

The Tribunal found that Mr. Vuong was taken to have been notified of the decision on 14 May 2018. Consequently, the prescribed period for lodging an application for review expired on 4 June 2018. As the Tribunal did not receive Mr. Vuong's application until 8 June 2018, it was lodged out of time. The Tribunal concluded that, as the application was not made in accordance with the relevant legislative requirements, it lacked jurisdiction to proceed with the review.