ZENG (Migration)

The applicant, Zeng, sought review of a decision concerning a Student (Temporary) (Class TU) visa – Subclass 500. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the applicant's review application.

The central legal issue before the Tribunal was whether the applicant's application for review had been lodged within the prescribed time limit. This involved determining the date on which the applicant was taken to have been notified of the original decision, as this date triggered the commencement of the time period for lodging a review application.

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 18 October 2017. Consequently, the prescribed period for lodging a review application expired on 8 November 2017. As the applicant's review application was not received by the Tribunal until 10 November 2017, it was lodged out of time. The Tribunal concluded that it therefore lacked jurisdiction to consider the merits of the application.