1828439 (Refugee)

The applicant sought review of a decision concerning their application for a protection visa. The respondent was the Minister for Immigration and Border Protection. The core of the dispute revolved around the timeliness of the applicant's application for review to the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's application for review. This question turned on whether the application was lodged within the timeframes prescribed by the relevant legislation.

The Tribunal determined that the application for review was not received until 27 September 2018. As this date fell outside the statutory time limits for lodging such an application, the Tribunal concluded that it lacked the necessary jurisdiction to consider the merits of the case. Consequently, the Tribunal made no substantive findings regarding the applicant's claim for protection or the circumstances relating to Malaysia.

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