1802837 (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 within the time prescribed by the relevant legislation. Specifically, the Tribunal had to ascertain if the application was received by the Tribunal within the statutory timeframe, which would confer jurisdiction.

The Tribunal found that the application for review was not received until 4 February 2018. As this date was outside the period permitted by the relevant legislation for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter.

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.