2106425 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa for an applicant from India. The core of the dispute revolved around the timeliness of the application for review, which the Department of Home Affairs had refused. The applicant's agent contended that the notification of the Department's refusal decision was sent to an incorrect email address, asserting that the applicant's primary email address was different from the one provided on the application.

The Tribunal was required to determine whether it had jurisdiction to hear the application for review. This question hinged on whether the application for review was lodged within the statutory timeframe prescribed by the relevant legislation, considering the applicant's claim that notification of the original refusal was not properly effected.

The Tribunal found that the application for review was received on 14 May 2021. Applying the relevant legislative provisions, the Tribunal concluded that this date meant the application was not made within the required time. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the application.

The Tribunal made no orders as to costs and ordered that the application for review be dismissed for want of jurisdiction.