1604919 (Refugee)

The applicant sought review of a decision made by the Tribunal. The dispute concerned whether the applicant's application for review was lodged within the prescribed time limit. The decision was made by a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant had been notified of the original decision in accordance with section 494C of the *Migration Act 1958* (Cth), and consequently, whether the application for review was filed within the statutory timeframe.

The Tribunal found that, pursuant to section 494C of the Act, the applicant was taken to have been notified of the decision on a specific date in February 2016. This notification date established the commencement of the prescribed period for lodging a review application, which therefore concluded in March 2016. As the application for review was received by the Tribunal on 11 April 2016, it was lodged outside the statutory period. The Tribunal applied the principle that a failure to lodge an application within the prescribed time limit deprives the Tribunal of jurisdiction.

Consequently, the Tribunal determined that it did not have jurisdiction to hear the matter.