1727056 (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 was heard by the Tribunal.

The Tribunal was required to determine whether the applicant was taken to have been notified of the decision on a specific date in June 2016, as stipulated by section 494C of the relevant Act. Consequently, the Tribunal had to ascertain if the prescribed period for lodging an application for review had expired before the application was actually received.

The Tribunal reasoned that, pursuant to section 494C of the Act, the applicant was deemed to have been notified of the decision in June 2016. This deeming provision meant that the statutory deadline for lodging a review application fell in July 2016. As the application for review was lodged on 3 November 2017, it was significantly out of time. The Tribunal concluded that the application for review was not made in accordance with the relevant legislative requirements.

Accordingly, the Tribunal determined that it lacked jurisdiction to consider the applicant's matter.