2010212 (Refugee)

The Administrative Appeals Tribunal considered an application for review by an applicant who had received a decision from the Tribunal. The applicant contended that they had not been notified of the decision until a later date than that asserted by the Tribunal.

The central legal issue before the Tribunal was whether the applicant had been validly notified of the original decision within the timeframe prescribed by the relevant legislation, and consequently, whether their subsequent application for review had been lodged within the statutory time limit.

The Tribunal found that the applicant was taken to have been notified of the decision on 15 April 2020, which meant the prescribed period to apply for review expired on 6 May 2020. As the application for review was received by the Tribunal on 18 June 2020, it was not made in accordance with the relevant legislation. Therefore, the Tribunal concluded it had no jurisdiction to hear the matter.