1707061 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning their application for a protection visa. 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 time prescribed by the relevant legislation. This involved determining the date on which the applicant was taken to have been notified of the original decision.

The Tribunal applied section 494C of the Act, which deemed the applicant to have been notified of the decision on 3 November 2016. Consequently, the prescribed period for lodging a review application expired on 1 December 2016. As the applicant's review application was not received by the Tribunal until 4 April 2017, it was lodged out of time. The Tribunal concluded that it lacked jurisdiction to consider the matter.

The Tribunal determined that it did not have jurisdiction in this matter.