1722291 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning their application for a protection visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application for review, which had been lodged after the prescribed time limit.

The central legal issue before the Tribunal was whether the applicant's application for review was made within the time prescribed by the relevant legislation. This required the Tribunal to ascertain 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 deems notification to have occurred in August 2017. Consequently, the prescribed period for lodging an application for review expired in September 2017. As the application was received by the Tribunal on 19 September 2017, it was out of time.

The Tribunal concluded that it lacked jurisdiction to consider the application for review because it had not been made in accordance with the legislative requirements.