1728578 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the applicant's application for review was lodged within the prescribed time limits. The decision was made by Bridget Cullen, a Member of 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 outside the statutory time frame. This required the Tribunal to determine the date on which the applicant was deemed to have been notified of the original decision.

The Tribunal applied section 494C of the Act, which deems notification of a decision to have occurred on a specific date 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 after this date, it was not made in accordance with the relevant legislation.

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