1808411 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Minister for Immigration and Border Protection. The dispute concerned whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's appeal. The decision was made by Dr Colin Huntly, a Member of the AAT.

The primary legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation, thereby conferring jurisdiction on the Tribunal. The Tribunal was required to determine if the applicant had complied with the statutory requirements for making an application for review.

The Tribunal found that the application for review was received on 27 March 2018. As this date was outside the timeframe stipulated by the relevant legislation for making such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal applied the principle that strict compliance with statutory time limits is necessary to establish jurisdiction.

Consequently, the Tribunal made no orders in relation to the merits of the protection visa application, as it determined it had no jurisdiction to do so.