1902799 (Refugee)

The applicant, a refugee, sought review of a decision concerning a protection visa. The dispute arose because the application for review was lodged with the Tribunal after the statutory deadline. The decision was made by Member David McCulloch of the Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's application for review, given that it was received out of time. The applicant contended that they had no access to email, which was the method by which the primary decision was communicated to them.

Member McCulloch determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 7 February 2019, after the prescribed time limit. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal made no orders as it found it had no jurisdiction.