1722391 (Refugee)

The applicant sought review of a decision concerning protection, with the dispute centering on the timeliness of their application for review. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's application for review, given that it was lodged outside the prescribed time limit. This required the Tribunal to determine 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 of a decision to have occurred on a specific date. Based on this provision, the Tribunal found that the applicant was taken to have been notified on 16 March 2017, meaning the period to apply for review expired on 12 April 2017. As the application was not received until 20 September 2017, it was not made in accordance with the relevant legislative requirements.

Consequently, the Tribunal determined that it lacked jurisdiction to hear the application for review.