1721555 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The central dispute revolved around whether the applicant's application for review was lodged within the prescribed time limit. The matter came before the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was lodged after the expiry of the statutory time period. 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 *Migration Act 1958* (Cth), which deemed the applicant to have been notified of the decision in August 2017. Consequently, the prescribed period for lodging an application for review expired on 5 September 2017. As the application for review was received by the Tribunal in September 2017, it was not made in accordance with the relevant legislative provisions.

Accordingly, the Tribunal concluded that it lacked jurisdiction to consider the applicant's review application.