2309399 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application for review, given that it was lodged outside the prescribed time limit.

The central legal issue was whether the applicant's application for review was made within the time stipulated by the relevant legislation. This involved determining the date on which the applicant was taken to have been notified of the original decision, as this date triggers the commencement of the period within which an application for review must be filed.

The Tribunal found that, pursuant to section 494C of the Act, the applicant was taken to have been notified of the decision on 9 May 2023. Consequently, the prescribed period for lodging an application for review expired on 5 June 2023. As the application was not received by the Tribunal until 28 June 2023, it was not made in accordance with the relevant legislative requirements.

Accordingly, the Tribunal concluded that it lacked jurisdiction to consider the application for review.