1800503 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application for review.

The central legal issue was whether the applicant's application for review was lodged within the time prescribed by the relevant legislation. This involved determining 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 deems the applicant to have been notified of the decision on a specific date in December 2017. Consequently, the prescribed period for lodging an application for review expired in January 2018. As the application was received by the Tribunal after this date, it was not made in accordance with the legislative requirements.

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