1814574 (Refugee)

The applicant sought review of a decision concerning a protection visa. The applicant was not included in their sister's application for a protection visa and had lodged their own application for review out of time. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the applicant's review.

The central legal issue was whether the applicant's application for review was made in accordance with the relevant legislative provisions. Specifically, the Tribunal had to consider the timeliness of the application for review.

The Tribunal found that the application for review was not received until 19 May 2018. As this date was beyond the statutory time limit for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal therefore held that the application for review was not made in accordance with the relevant legislation.

The Tribunal made no orders as it determined it did not have jurisdiction in the matter.