1724652 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Tribunal, constituted by Christine Cody, Member, was required to determine whether it had jurisdiction to hear the review application.

The central legal issue was whether the applicant's application for review had been lodged within the time prescribed by the relevant legislation. This involved considering the date on which the applicant was taken to have been notified of the original decision.

The Tribunal found that, pursuant to section 494C of the Act, the applicant was taken to have been notified of the decision in March 2017. Consequently, the prescribed period for lodging an application for review expired in April 2017. As the application for review was not received by the Tribunal until 10 October 2017, it was lodged out of time and not in accordance with the relevant legislative requirements.

Accordingly, the Tribunal determined that it did not have jurisdiction to consider the applicant's matter.