1801025 and 1801272 (Refugee)

The applicants sought review of decisions made by the Minister regarding their applications for protection visas. The core of the dispute concerned whether the applicants had been validly notified of the Department's decision, which in turn affected the timeliness of their applications for review lodged with the Tribunal. The matter came before the Tribunal, constituted by Member James Silva.

The primary legal issue before the Tribunal was whether the applicants were taken to have been notified of the Department's decision when notification was sent to their previous representative at a nominated address. This question was critical to determining whether the applications for review were lodged within the statutory time limits, thereby establishing the Tribunal's jurisdiction.

The Tribunal found that the applications for review were not received until 15 January 2018. Applying the relevant legislative provisions, the Tribunal determined that these applications were therefore not made in accordance with the law. Consequently, the Tribunal concluded that it lacked jurisdiction to hear and determine the matters.