1803047 (Refugee)

The applicant 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 (AAT) on 6 February 2018.

The primary legal issue before the AAT was whether it had jurisdiction to consider the applicant's application for review, given that it was lodged outside the prescribed time limits. The AAT was required to determine if the application had been made in accordance with the relevant legislative provisions.

The AAT Member, Peter Vlahos, found that the application for review was not received by the Tribunal until 6 February 2018. As this date was outside the timeframe stipulated by the relevant legislation for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to hear the matter. Consequently, the Tribunal determined that it did not have jurisdiction in this matter.