2013700 (Refugee)

The Administrative Appeals Tribunal considered an application for review by an applicant who had received a decision from the Tribunal. The central dispute concerned whether the applicant had lodged their application for review within the time prescribed by the relevant legislation.

The primary legal issue before the Tribunal was to determine the date on which the applicant was taken to have been notified of the original decision. This date was critical for establishing the commencement of the period within which the applicant was required to lodge their application for review. The Tribunal was then required to ascertain whether the application for review was lodged within this prescribed period.

The Tribunal reasoned that the applicant was taken to have been notified of the decision on 16 July 2020, which meant the prescribed period for lodging an application for review expired on 12 August 2020. As the application for review was not received by the Tribunal until 7 September 2020, it was lodged outside the statutory timeframe. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application. The Tribunal made no orders as it determined it had no jurisdiction.