1803749 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning their application for a protection visa. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear the applicant's appeal.

The central legal issue before the Tribunal was whether the applicant's application for review was lodged within the time prescribed by the relevant legislation. Specifically, the Tribunal had to ascertain if the application was made within the 28-day period stipulated for such reviews.

The Tribunal found that the application for review was received on 15 February 2018. As this date fell outside the 28-day timeframe for lodging an application for review, the Tribunal concluded that the application was not made in accordance with the relevant legislative requirements. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the applicant's case.

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