1730315 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant's application for review was lodged within the prescribed time limit.

The central legal issue before the Tribunal was whether the applicant had made their application for review in accordance with the relevant legislative provisions, specifically concerning the time within which such an application must be filed. This involved determining the date on which the applicant was taken to have been notified of the original decision.

The Tribunal found that the applicant was taken to have been notified of the decision in November 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 on 2 December 2017, it was not made within the statutory timeframe. The Tribunal concluded that it lacked jurisdiction to hear the matter.

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