1810086 (Refugee)

The applicant sought review of a decision made by a delegate of the Minister regarding a protection visa application. The applicant had lodged their application for review out of time, and it was also identified as a repeat application. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the applicant's appeal.

The primary legal issue before the Tribunal was whether the application for review had been validly made, which in turn determined whether the Tribunal possessed jurisdiction. This involved considering the relevant provisions of the *Migration Act 1958* (Cth) concerning the reviewability of delegate decisions and the time limits for lodging applications for review.

The Tribunal found that the delegate's decision was not subject to review under Parts 5 or 7 of the *Migration Act 1958* (Cth). Consequently, the application for review was not properly made. As a result, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore made no order in relation to the merits of the protection visa application.