1724302 (Refugee)

The applicant, who sought a protection visa, was the subject of a second review of a refusal by a delegate of the Minister for Immigration. The dispute concerned the timeliness of the applicant's application for review of the delegate's decision. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's application for review had been lodged within the prescribed time limit, thereby conferring jurisdiction on the Tribunal. This required the Tribunal to determine the date on which the applicant was taken to have been notified of the delegate's decision.

The Tribunal applied section 494C of the relevant Act, finding that the applicant was taken to have been notified of the delegate's decision in July 2017. Consequently, the prescribed period for lodging an application for review expired in August 2017. As the application for review was not received by the Tribunal until 6 October 2017, it was not made in accordance with the relevant legislative requirements.

The Tribunal concluded that it lacked jurisdiction to consider the application for review.