1803764 (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 the forum for this review.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's application for review. This question turned on whether the application for review had been lodged within the period prescribed by the relevant legislation.

The Tribunal found that the application for review was not received until 15 February 2018. As this date fell outside the prescribed period for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal applied the principle that it can only exercise jurisdiction where the statutory requirements for its exercise have been met.

Consequently, the Tribunal made no order on the merits of the protection visa application, as it had no jurisdiction to do so.