1818989 (Refugee)

The applicant sought review of a decision concerning their application for a protection visa. The respondent was the Minister for Home Affairs. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the applicant's appeal, given the timing of its lodgement. The decision was made by Member Peter Vlahos of the AAT.

The primary legal issue before the Tribunal was whether the application for review had been made within the timeframe prescribed by the relevant legislation. This question determined whether the Tribunal possessed the necessary jurisdiction to consider the merits of the applicant's case.

Member Vlahos reasoned that the application for review was received by the Tribunal on 29 June 2018. This date was found to be outside the period stipulated by the governing legislation for making such an application. Consequently, the Tribunal concluded that it lacked the jurisdiction to proceed with the review.

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