1713446 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning their application for a protection visa. The dispute before the Tribunal concerned the timeliness of the applicant's application for review.

The primary 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 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 Act, finding that the applicant was taken to have been notified of the decision on 22 December 2016. Consequently, the prescribed period for lodging an application for review expired on 18 January 2017. As the application for review was not received by the Tribunal until 23 June 2017, it was not made in accordance with the relevant legislative requirements.

The Tribunal concluded that it lacked jurisdiction to consider the application for review due to the failure to comply with the time limits.