1810083 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal. The dispute concerned the timeliness of the applicant's application for review, which the Tribunal considered to be out of time. The decision was made by Member Roslyn Smidt of the Refugee Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was lodged after the prescribed time limit.

Member Smidt reasoned that the application for review was not received by the Tribunal until 11 April 2018. As this date fell outside the statutory timeframe for lodging such applications, the Tribunal concluded that it lacked the necessary jurisdiction to consider the matter. The Tribunal applied the principle that its jurisdiction is contingent upon compliance with the procedural requirements set out in the relevant legislation.

Consequently, the Tribunal ordered that it did not have jurisdiction in this matter.