1801567 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Minister for Immigration and Border Protection. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to consider the applicant's application for review.

The central legal issue before the Tribunal was whether the application for review had been lodged in accordance with the relevant legislative requirements. Specifically, the Tribunal had to ascertain if the application was received within the prescribed timeframe.

The Tribunal found that the application for review was not received until 22 January 2018. As this date fell outside the period stipulated by the relevant legislation for making an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore held that the application was not made in accordance with the law.

Consequently, the Tribunal made no order in relation to the merits of the protection visa application, as it was precluded from doing so by its lack of jurisdiction.