1719535 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant sought to have the AAT review a decision made by the Minister.

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 turned on when the applicant was deemed to have been notified of the original decision.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth), which deems a person to have been notified of a decision in certain circumstances. The Tribunal found that the applicant was taken to have been notified of the decision in June 2016. Consequently, the prescribed period for lodging an application for review expired in July 2016. As the application for review was not received by the Tribunal until 27 August 2017, it was not made in accordance with the legislative requirements.

The Tribunal concluded that it lacked jurisdiction to consider the application for review.