1721249 (Refugee)

The applicant sought review of a decision concerning a protection visa. The primary dispute revolved around whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the application for review, given that it was lodged outside the prescribed time limit.

The central legal issue before the Tribunal was whether the applicant's application for review had been made 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, as this date would establish the commencement of the period for lodging an application for review.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth), which deems notification of a decision to have occurred on a specific date in August 2017. Consequently, the prescribed period for lodging an application for review expired in September 2017. As the applicant's application was received by the Tribunal on 11 September 2017, it was lodged out of time. The Tribunal found that it had no jurisdiction to consider the merits of the application because it was not made in accordance with the legislative requirements.

The Tribunal ordered that it does not have jurisdiction in this matter.