1721912 (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 limit. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the date on which the applicant was taken to have been notified of the original decision, and consequently, the date by which the application for review had to be lodged. This determination was crucial for establishing whether the Tribunal had jurisdiction to hear the review.

The Tribunal applied section 494C of the relevant Act, which deems the applicant to have been notified of the decision on 16 August 2017. Based on this deemed notification date, the prescribed period for lodging an application for review expired on 12 September 2017. As the application for review was received by the Tribunal on 15 September 2017, it was lodged out of time.

Consequently, the Tribunal found that it did not have jurisdiction to consider the application for review.