1725937 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Minister for Immigration and Border Protection. The dispute concerned whether the applicant's application for review was lodged within the prescribed time limit. The decision was made by the Administrative Appeals Tribunal.

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

The Tribunal found that the applicant was taken to have been notified of the decision in September 2017, pursuant to section 494C of the Act. Consequently, the prescribed period for lodging an application for review expired in October 2017. As the application for review was received by the Tribunal on 24 October 2017, it was not made within the statutory timeframe. The Tribunal applied the principle that a failure to comply with time limits prescribed by legislation ousts the jurisdiction of the Tribunal.

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