1800373 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant's application for review was lodged with the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements, specifically concerning the timeframe for lodging such an application.

The Tribunal found that the application for review was received on 5 January 2018. As this date was outside the period prescribed by the relevant legislation for making an application for review, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case.

Consequently, the Tribunal made no order in relation to the merits of the protection visa application, as it was not empowered to do so due to the jurisdictional defect.