1721288 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa. The applicant sought review of a decision, but their application for review was lodged out of time.

The primary legal issue before the Tribunal was whether the applicant's application for review had been made within the prescribed time limit, thereby conferring jurisdiction on the Tribunal. This required determining 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 an applicant is taken to have been notified of a decision on a particular date. Based on the evidence, the Tribunal found that the applicant was taken to have been notified of the decision in August 2017. Consequently, the prescribed period for lodging an application for review expired in September 2017. As the application was received on 11 September 2017, it was out of time.

The Tribunal concluded that it lacked jurisdiction to consider the application for review because it was not made in accordance with the relevant legislative requirements.