1806156 (Refugee)

The applicant sought review of a decision by the Department of Immigration and Border Protection concerning their application for a protection visa. The core of the dispute revolved around the timeliness of the applicant's application for review lodged with the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant's application for review had been made within the time prescribed by the relevant legislation. This required the Tribunal to determine when the applicant was deemed to have received notification of the Department's decision, and consequently, when the time limit for lodging an application for review commenced.

The Tribunal found that the application for review was not received until 7 March 2018. Applying the relevant legislative provisions, the Tribunal concluded that this date meant the application was not made in accordance with the statutory requirements. As a result, the Tribunal determined that it lacked jurisdiction to hear the matter.

The Tribunal made no orders other than to state that it did not have jurisdiction in this matter.