YANG (Migration)

The applicant, Yang, sought review of a decision concerning a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application for review.

The central legal issue before the Tribunal was whether the applicant's application for review had been lodged within the time prescribed by the relevant legislation. This depended on when the applicant was deemed to have been notified of the decision under review.

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 25 July 2017. Consequently, the prescribed period for lodging an application for review expired on 15 August 2017. As the application was not received by the Tribunal until 19 August 2017, it was not made in accordance with the legislation.

Accordingly, the Tribunal concluded that it lacked jurisdiction to consider the applicant's matter.