1922015 (Refugee)

The applicant sought review of a decision concerning a protection visa application, with the matter heard by Senior Member Kira Raif of the Tribunal. The central dispute revolved around the timeliness of the applicant's application for review.

The primary legal issue before the Tribunal was whether the applicant's application for review had been lodged within the time prescribed by the relevant legislation, and consequently, whether the Tribunal possessed jurisdiction to hear the matter.

The Tribunal determined that the applicant was taken to have been notified of the original decision on 11 July 2019, pursuant to section 494C of the Act. This notification date established that the prescribed period for lodging an application for review expired on 7 August 2019. As the application for review was received by the Tribunal on 8 August 2019, it was not made in accordance with the legislative requirements.

Consequently, the Tribunal concluded that it lacked jurisdiction to consider the applicant's application for review.