2008139 (Refugee)

The applicant sought a protection visa, but their application for review of the Department's decision was lodged with the Tribunal more than 28 days after notification of that decision. The applicants relied on an unlicensed individual to submit their visa application, and this individual also had access to the applicants' email address. This same individual subsequently lodged the first review application without the applicants' knowledge.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the Department's decision, given that the application for review was lodged outside the statutory time limit. This question hinged on whether the notification of the Department's decision was validly given to the applicants, despite an error in the email address provided in the application form.

The Tribunal found that the address provided to the Department in connection with the application was incorrect, leading to an error in the email address. However, the Tribunal held that notification to that address was valid, notwithstanding its inaccuracy. Consequently, as the application for review was received by the Tribunal on 11 May 2020, it was not made in accordance with the relevant legislation, and the Tribunal therefore lacked jurisdiction to hear the matter. The Tribunal made no orders as it determined it had no jurisdiction.