1803505 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning a protection visa. The dispute centred on whether the applicant's application for review was lodged within the time prescribed by the relevant legislation. The decision was made by Amanda Paxton, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application. This question turned on whether the application was made within the time limit stipulated by the *Migration Act 1958* (Cth), specifically in light of the deemed notification date of the original decision.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth), which deems the applicant to have been notified of the decision on a specific date in November 2017. Consequently, the prescribed period for lodging an application for review expired in December 2017. As the application for review was not received by the Tribunal until 9 February 2018, it was lodged out of time and therefore not in accordance with the relevant legislation.

The Tribunal concluded that it did not have jurisdiction to consider the applicant's review application due to the failure to lodge it within the statutory time limit.