2307189 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The Administrative Appeals Tribunal had affirmed the Minister's decision. The applicant lodged an application for review of the Tribunal's decision with the Federal Circuit and Family Court of Australia, more than 28 days after being notified of the refusal decision.

The central legal issue before the Court was whether it had jurisdiction to hear the applicant's appeal. Specifically, the Court was required to determine if the applicant had made a valid application for review within the prescribed time limit, or if any exceptions to that time limit applied. The applicant contended that he was unaware of the refusal decision because an acquaintance who had assisted him with his visa application and created an email address for him had failed to inform him of the refusal.

Her Honour Judge Holub found that the applicant had been notified of the refusal decision on 15 March 2023, and the application for review was filed on 18 May 2023, which was outside the 28-day time limit prescribed by the *Administrative Appeals Tribunal Act 1975* (Cth). The Court held that the applicant's reliance on the acquaintance, who was not an agent authorised to receive such notices, did not constitute a valid reason for the delay. The Court applied the principle that notification to a third party, without express or implied authority to receive such notices, is generally not considered effective notification to the applicant.

Consequently, the Court determined that it lacked jurisdiction to hear the appeal. The application was dismissed.