1731074 (Refugee)

The applicant sought review of a decision concerning their application for a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the application, which had been lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements. Specifically, the Tribunal had to determine if the lodgement date of the application for review conferred jurisdiction.

The Tribunal found that the application for review was not received by the Tribunal until 9 December 2017. As this date was outside the prescribed timeframe for making an application for review under the relevant legislation, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.