1807479 (Refugee)

The applicant sought review of a decision concerning their application for a protection visa. The respondent was the Minister for Immigration and Border Protection. The review was before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's application for review, given that the application was lodged out of time.

The Tribunal determined that the application for review was not received by the Tribunal until 20 March 2018. As this date was outside the time prescribed by the relevant legislation for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal applied the principle that strict adherence to statutory time limits is a prerequisite for jurisdiction.

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