1721551 (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 primary 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 found that, pursuant to section 494C of the *Migration Act 1958* (Cth), the applicant was taken to have been notified of the decision in August 2016. Consequently, the prescribed period for lodging an application for review expired in September 2016. As the application for review was not received by the Tribunal until September 2017, it was made out of time. The Tribunal concluded that it therefore lacked jurisdiction to consider the merits of the application.

The Tribunal determined that it did not have jurisdiction in this matter.