1921072 (Refugee)

The applicant sought review of a decision concerning a protection visa application. The applicant was not in immigration detention and had not responded to correspondence from the Tribunal. The Tribunal Member, K. Chapman, considered the notification date of the primary decision.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged outside the prescribed time limit. This required the Tribunal to determine the date on which the applicant was taken to have been notified of the primary decision.

The Tribunal applied section 494C of the *Migration Act 1958* (Cth) to deem the applicant notified of the primary decision on 19 June 2019. Consequently, the prescribed 28-day period for lodging an application for review expired on 16 July 2019. As the application was received on 31 July 2019, it was not made within the statutory timeframe.

The Tribunal concluded that it lacked jurisdiction to consider the merits of the application for review because it was lodged out of time. Accordingly, the Tribunal made no decision on the substantive protection visa claim.