1805828 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The applicant had been notified of the decision to refuse the visa on 19 January 2018. The application for review was lodged with the Administrative Appeals Tribunal on 5 March 2018.

The primary legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation. Specifically, the Tribunal was required to determine if the application was lodged in accordance with statutory requirements, which would determine whether the Tribunal had jurisdiction to hear the matter.

The Tribunal found that the application for review was not received until 5 March 2018, which was outside the statutory timeframe for lodging such an application. Consequently, the Tribunal concluded that the application had not been made in accordance with the relevant legislation.

The Tribunal therefore determined that it had no jurisdiction to consider the application for review.