Zaheer (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision concerning a Student (Temporary) (Class TU) visa. The applicant sought review of a decision, but the Tribunal found that the application was lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made within the prescribed period. This required the Tribunal to determine the date on which the applicant was taken to have been notified of the original decision, and consequently, the date on which the period for lodging a review application expired.

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 on 26 May 2017. This established 16 June 2017 as the final date for lodging a valid review application. As the application was received by the Tribunal on 27 June 2017, it was therefore out of time.

Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.