1800470 (Refugee)

The applicant sought review of a decision concerning their application for a protection visa. The dispute centred on whether the application for review was lodged within the time prescribed by the relevant legislation. The decision was made by James Silva, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was received by the Tribunal after the statutory deadline.

The Tribunal determined that the application for review was not received until 15 January 2018. As this date fell outside the period prescribed by the relevant legislation for lodging an application for review, the Tribunal concluded that the application had not been made in accordance with the law. Consequently, the Tribunal found that it lacked jurisdiction to consider the merits of the application.

The Tribunal made no orders as to costs and determined that it did not have jurisdiction in this matter.