1721168 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The dispute centred on whether the applicant's application for review was lodged within the prescribed period. The decision was made by the Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged significantly outside the time limit stipulated 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, which deems the applicant to have been notified of the decision on 28 October 2016. Consequently, the prescribed period for lodging an application for review expired in November 2016. As the application for review was not received by the Tribunal until 10 September 2017, it was not made in accordance with the legislative requirements.

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