1619810 (Refugee)

The applicant, a citizen of China, sought a protection visa. The dispute concerned whether the applicant's application for review of a decision was lodged within the prescribed timeframe. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the application for review was made within the time limit stipulated by the relevant legislation, and consequently, whether the Tribunal had jurisdiction to hear the application.

The Tribunal applied section 494C of the Act, referencing a prior ruling in DZAFH, to determine the date of notification of the original decision. This established that the applicant was taken to have been notified on 26 October 2016. The prescribed period for lodging an application for review therefore concluded on 22 November 2016. As the application for review was received by the Tribunal on 23 November 2016, it was not made within the statutory timeframe.

The Tribunal concluded that it did not have jurisdiction to hear the matter.