1726994 (Refugee)

The applicant sought review of a decision concerning a protection visa. The core of the dispute revolved around whether the applicant had lodged their application for review within the prescribed timeframe following notification of the original decision. The matter came before the Tribunal, presided over by Member Nora Lamont.

The primary legal issue before the Tribunal was whether the applicant was taken to have been notified of the decision in October 2017, as stipulated by section 494C of the relevant Act. This determination was crucial for establishing the deadline by which the application for review needed to be filed.

The Tribunal found that, pursuant to section 494C of the Act, the applicant was deemed to have been notified of the decision in October 2017. Consequently, the prescribed period for lodging an application for review expired in November 2017. As the application for review was received by the Tribunal in November 2017, after this deadline, it was not made in accordance with the relevant legislative requirements. The Tribunal concluded that it therefore lacked jurisdiction to hear the matter. The Tribunal made no orders as it determined it did not have jurisdiction.