1719540 (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 required the Tribunal to determine the date on which the applicant was deemed to have been notified of the original decision.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth), which provides that a person is taken to have been notified of a decision on a particular date. Based on this provision, the Tribunal found that the applicant was taken to have been notified of the decision in October 2016. Consequently, the prescribed period for lodging an application for review expired in November 2016. As the applicant's application for review was not received by the Tribunal until 27 August 2017, it was made out of time.

The Tribunal concluded that it did not have jurisdiction to consider the application for review because it had not been made in accordance with the relevant legislative requirements.