1811761 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the application for review.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. Specifically, the Tribunal had to determine if the applicant's failure to lodge the application by the statutory deadline deprived it of jurisdiction.

The Tribunal found that the application for review was received on 25 April 2018, which was after the legislated deadline. Consequently, the Tribunal concluded that the application was not made in accordance with the relevant legislative requirements. As a result, the Tribunal held that it lacked the necessary jurisdiction to consider the merits of the applicant's case.

The Tribunal made no orders as to costs and determined that it did not have jurisdiction in this matter.