1818114 (Refugee)

The applicant sought review of a decision by the Department of Home Affairs concerning a protection visa application. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear the applicant's appeal.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. The Tribunal was required to consider whether any discretion existed to extend the time for lodging the application, and if not, whether it possessed the necessary jurisdiction to proceed with the review.

The Tribunal found that the application for review was received on 20 June 2018, which was outside the statutory timeframe for lodging such an application. As there was no evidence to suggest the applicant was not properly notified of the Department's decision, and no statutory provision for an extension of time in these circumstances, the Tribunal concluded that the application was not made in accordance with the relevant legislation. Consequently, the Tribunal determined it lacked jurisdiction to hear the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.