1726987 (Refugee)

Case

[2017] AATA 2988

6 December 2017


Details
AGLC Case Decision Date
1726987 (Refugee) [2017] AATA 2988 [2017] AATA 2988 6 December 2017

CaseChat Overview and Summary

The applicant sought review of a decision concerning a protection visa. The applicant had previously had a decision reviewed, and this current application was lodged outside the prescribed 28-day period following notification of the primary decision. The Tribunal was therefore required to determine whether it had jurisdiction to review the decision, given the prior review and the late lodgement of the application.

The Tribunal found that it lacked jurisdiction to entertain the application. It reasoned that the applicant had already had a decision reviewed, and there was no further reviewable decision before it. Consequently, the application for review was not properly made. As the applicant had been notified of the primary decision in May 2016, and the current application was not lodged within the statutory timeframe, the Tribunal concluded that it did not have jurisdiction in the matter.
Details

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Appeal

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