1814320 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The Administrative Appeals Tribunal (AAT), represented by Member Paul Millar, considered whether it had jurisdiction to hear the applicant's appeal. The core of the dispute revolved around the applicant's claim of not receiving notification of the delegate's decision.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the delegate's decision. This question hinged on whether the applicant had made a valid application for review, which in turn depended on whether the applicant had been properly notified of the delegate's decision and had therefore had a reviewable decision to appeal.

The Tribunal reasoned that the applicant's assertion of not receiving notification of the delegate's decision meant that there was no reviewable decision from which to appeal. Consequently, the applicant's application for review was not properly made. As a result, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore made no orders in relation to the merits of the protection visa application itself.