1809289 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider an application for review that was lodged out of time. The applicant's stated reason for the delay was a misunderstanding regarding the date of the primary decision.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was not lodged within the prescribed time limits. The Tribunal was required to determine if the circumstances presented by the applicant constituted a valid basis for extending the time for lodging the review application.

The Tribunal found that the application for review was received on 4 April 2018. Applying the relevant legislative provisions, the Tribunal determined that this date meant the application was not made in accordance with the legislation. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Member stated that the Tribunal does not have jurisdiction in this matter.