1900064 (Refugee)

Case

[2019] AATA 1750

4 February 2019


Details
AGLC Case Decision Date
1900064 (Refugee) [2019] AATA 1750 [2019] AATA 1750 4 February 2019

CaseChat Overview and Summary

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The review was before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged out of time.

The Tribunal found that the application for review was received on 2 January 2019, which was after the statutory deadline for lodging such an application. Consequently, the Tribunal determined that the application was not made in accordance with the relevant legislation and therefore it lacked jurisdiction to consider the merits of the case.

The Tribunal made no order as to costs and dismissed the application for review.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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