1722036 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The primary dispute revolved around whether the applicant's application for review was lodged within the time prescribed by the relevant legislation. The decision was made by Nicole Burns, a Member of the Tribunal.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review. This question hinged on whether the application for review had been made within the time limit stipulated by section 494C of the Act, which dictates the notification and subsequent timeframes for lodging such applications.

The Tribunal reasoned that the applicant was deemed to have been notified of the decision in August 2017, as per section 494C of the Act. Consequently, the prescribed period for lodging an application for review expired in September 2017. As the Tribunal did not receive the applicant's application for review until September 2017, it concluded that the application was not made in accordance with the relevant legislative requirements. Therefore, the Tribunal found it lacked jurisdiction to consider the matter.