1709488 (Refugee)

The applicant, a citizen of Bangladesh, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant lodged their application for review with the Administrative Appeals Tribunal (AAT) outside the prescribed time limit. The AAT, constituted by Member Cranston, was therefore required to determine whether it had jurisdiction to consider the application.

The primary legal issue before the AAT was whether it possessed the power to extend the time for lodging an application for review of a protection visa refusal, given the specific legislative framework governing such applications. This involved an interpretation of the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth) concerning the time limits for lodging applications and the Tribunal's power to grant extensions.

Member Cranston reasoned that the *Migration Act* contains specific provisions that govern the time limits for lodging applications for review of protection visa decisions. These provisions are generally considered to be jurisdictional requirements. The Tribunal's power to extend time under the *Administrative Appeals Tribunal Act* is subject to the limitations imposed by the *Migration Act*. In this instance, the Tribunal found that the legislative framework did not grant it the power to extend the time for lodging an application for review of a protection visa refusal where the applicant had failed to meet the statutory deadline.

Consequently, the AAT determined that it lacked jurisdiction to hear the applicant's substantive application for review.