1721890 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The dispute centred on whether the applicant's application for review was lodged within the prescribed time limits. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant was taken to have been notified of the original decision in August 2017, as stipulated by section 494C of the relevant Act. This determination was crucial for establishing the deadline for lodging an application for review.

The Tribunal reasoned that, pursuant to section 494C of the Act, the applicant was deemed 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 applicant's application for review was received by the Tribunal on 13 September 2017, it was lodged out of time and therefore not in accordance with the relevant legislation.

The Tribunal concluded that it lacked jurisdiction to hear the matter.