2013642 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a delegate of the Minister for Immigration's decision to refuse to grant a protection visa. The applicant sought review of this decision, which was made on 4 March 2019, by lodging an application with the Tribunal on 5 September 2020.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged significantly outside the prescribed time limit. Specifically, the Tribunal had to determine if the applicant had complied with the procedural requirements for lodging an application for review of a protection visa refusal.

The Tribunal reasoned that, as the applicant was not in immigration detention at the time of notification, the application for review was required to be lodged within 28 days of being notified of the decision, pursuant to regulation 4.31(2) of the Migration Regulations 1994. The Tribunal was satisfied that the applicant was duly notified of the refusal decision by email on 4 March 2019. Applying the principles from *DZAFH v Minister for Immigration* [2017] FCCA 387, the Tribunal determined that the last day for lodging the review application was 1 April 2019. As the application was received on 5 September 2020, it was lodged out of time. The Tribunal found that it had no jurisdiction to review the decision.