1823995 (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, which was lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements, specifically concerning the time limit for lodging such an application.

The Tribunal found that the application for review was not received by the Tribunal until 18 August 2018. As this date fell outside the prescribed time limit for lodging an application for review, the Tribunal concluded that it did not have jurisdiction to consider the matter. The Tribunal applied the principle that strict adherence to statutory timeframes is necessary for the Tribunal to exercise its jurisdiction.

Consequently, the Tribunal made no order other than to state that it did not have jurisdiction in this matter.