2216762 (Refugee)

The applicant sought review of a decision to refuse her protection visa application. The dispute concerned whether the applicant had been adequately notified of her right to seek review of the refusal decision within the prescribed timeframe. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the notification of the visa refusal decision was adequate, specifically in relation to the applicant's right to apply for a review. This involved an interpretation of the notification provisions under the relevant legislation, particularly concerning applications made jointly by family members.

The Tribunal reasoned that the notification of the refusal decision, although addressed to the applicant's husband, was deemed adequate under section 494C of the Act. The wording of the notification indicated that "you" referred to each applicant in respect of their own application, and that notifications given to any applicant were taken to be given to each. Consequently, the Tribunal found that the applicant was taken to have been notified of the decision on 21 August 2019, meaning the prescribed period to apply for review expired on 17 September 2019.

As the application for review was lodged on 15 November 2022, it was not made within the statutory timeframe. Accordingly, the Tribunal determined that it lacked jurisdiction to consider the application for review.