1728392 (Refugee)

The applicant sought a review of a decision concerning a protection visa. The dispute centred on whether the applicant's application for review was lodged within the time prescribed by the relevant legislation. The decision was made by Jane Marquard, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application. This jurisdiction was contingent upon the application being made within the timeframe stipulated by the legislation, following notification of the original decision.

The Tribunal reasoned that 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, prior to the date the application was actually received by the Tribunal. As the application was not received within the statutory timeframe, the Tribunal concluded it lacked jurisdiction to consider the matter.

The Tribunal ordered that it did not have jurisdiction in this matter.