1721792 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the Tribunal had jurisdiction to hear the application for review, which was lodged out of time. The decision was made by Joseph Lindsay, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's application for review, given that it was received after the prescribed time limit. This required the Tribunal to determine the date on which the applicant was deemed to have been notified of the original decision.

The Tribunal reasoned that, pursuant to section 494C of the *Migration Act 1958* (Cth), the applicant was taken to have been notified of the decision on 15 August 2017. Consequently, the period prescribed for lodging an application for review expired on 11 September 2017. As the application was received by the Tribunal on a later date in September 2017, it was not made in accordance with the relevant legislative provisions.

Accordingly, the Tribunal concluded that it did not have jurisdiction to hear the matter.