1831729 (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 applicant's review application, 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 provisions, specifically concerning the time limits for lodging such applications. The Tribunal was required to determine if the failure to lodge the application within the prescribed timeframe divested it of jurisdiction.

The Tribunal found that the application for review was received on 29 October 2018, which was after the statutory deadline. Applying the relevant legislative requirements, the Tribunal concluded that the application was not made in accordance with the law. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal made no orders as it found it had no jurisdiction in the matter.