1617990 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The dispute centred on whether the application for review was lodged within the prescribed time limit. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged one day after the expiry of 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.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth), which deems notification of a decision to have occurred on a specific date. The Tribunal found that the applicant was taken to have been notified of the decision on 30 September 2016. Consequently, the prescribed period for lodging a review application expired on 27 October 2016. As the application for review was received on 28 October 2016, it was lodged outside the statutory timeframe.

The Tribunal concluded that it lacked jurisdiction to consider the application for review because it was not made in accordance with the relevant legislative requirements.