1722958 (Refugee)

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

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review. This question turned on whether the application for review was made within the time prescribed by the relevant legislation.

The Tribunal reasoned that the applicant was taken to have been notified of the decision on 21 August 2017, pursuant to section 494C of the Act. Consequently, the prescribed period for applying for review expired on 18 September 2017. As the application for review was received by the Tribunal on 25 September 2017, it was not made in accordance with the relevant legislative requirements. The Tribunal concluded that it therefore lacked jurisdiction in the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.