1804635 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear the 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. This question of timeliness was determinative of the Tribunal's jurisdiction.

The Tribunal found that the application for review was received on 21 February 2018. As this date was outside the statutory time limit for lodging an application for review, the Tribunal concluded that the application had not been made in accordance with the relevant legislation. Consequently, the Tribunal held 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.