1725480 (Refugee)

The applicant sought review of a decision concerning a protection visa. The central dispute revolved around whether the applicant's application for review was lodged within the time prescribed by the relevant legislation. The decision was made by Nathan Goetz, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had been notified of the original decision within the meaning of section 494C of the Act, and consequently, whether the application for review was lodged within the prescribed 28-day period following that notification.

The Tribunal determined that, pursuant to section 494C of the Act, the applicant was taken to have been notified of the decision on a specific date in March 2017. This deemed notification meant that the prescribed period for lodging an application for review expired in April 2017. As the applicant's application for review was not received by the Tribunal until October 2017, it was not made in accordance with the relevant legislative requirements.

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