1812113 (Refugee)

The applicant, a citizen of China, 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 applicant's review application, which was lodged after the statutory time limit.

The central legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative provisions, specifically concerning the time for lodging such an application. The Tribunal was required to determine if it possessed jurisdiction to consider the merits of the applicant's case, given the delay in lodging the review application.

The Tribunal found that the application for review was not received until 27 April 2018. As this date fell outside the period prescribed by the relevant legislation for lodging an application for review, the Tribunal concluded that the application was not made in accordance with the law. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter. The Tribunal therefore made no order in relation to the merits of the protection visa application.