1706332 (Refugee)

The applicant, a citizen of China, sought a review of a decision by the Minister for Immigration and Border Protection concerning their protection visa application. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the review application.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. Specifically, the Tribunal had to determine if the application was made in accordance with the statutory requirements for lodging an application for review.

Member Penelope Hunter found that the application for review was received by the Tribunal on 28 March 2017. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the merits of the case. Consequently, the Tribunal made no order in relation to the substantive application for review.