2219218 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant sought to have the AAT review a decision made by the Minister.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application, given that it was lodged outside the prescribed time limit. The Tribunal was required to determine the date on which the applicant was taken to have been notified of the original decision and, consequently, the date by which the review application should have been filed.

The Tribunal found that the applicant was taken to have been notified of the decision on 18 November 2022, meaning the prescribed period for lodging an application for review expired on 15 December 2022. Despite considering the applicant's response, the Tribunal noted that the application for review was not received until 29 December 2022. As the application was not made within the statutory timeframe, the Tribunal concluded that it lacked jurisdiction to consider the matter.