1714121 (Refugee)

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

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged out of time. Specifically, the Tribunal had to determine if the application for review was made in accordance with the relevant legislative provisions.

The Tribunal found that the application for review was received by the Tribunal on 1 July 2017. As this date was beyond the statutory time limit for lodging such an application, the Tribunal concluded that it lacked the necessary jurisdiction to proceed with the review. Consequently, the Tribunal determined that it did not have jurisdiction in the matter.