1728446 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the application for review was lodged within the prescribed time limit. The decision was made by the Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged after the expiry of the statutory time period. This required the Tribunal to determine the date on which the applicant was taken to have been notified of the original decision.

The Tribunal applied section 494C of the Act, which deemed the applicant 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 was received by the Tribunal on 16 November 2017, it was not made within the statutory timeframe.

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