1831830 (Refugee)

The applicant, a citizen of Vietnam, sought review by the Administrative Appeals Tribunal of a decision made by the Minister. The dispute concerned the applicant's eligibility for a protection visa and the timeliness of their application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's application for review, given that it was lodged outside the prescribed time limit. Specifically, the Tribunal had to determine if the application was made in accordance with the relevant legislative provisions.

The Tribunal found that the application for review was received on 30 October 2018, which was after the statutory deadline. As the application was not made within the time stipulated by the relevant legislation, the Tribunal concluded that it lacked the power to grant an extension or to conduct a review of the Minister's decision. Consequently, the Tribunal determined that it had no jurisdiction in the matter.