1901245 (Refugee)

The applicant, an Egyptian national, sought review of a decision concerning their application for a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the application for review, which had been lodged out of time.

The central legal issue before the Tribunal was whether it possessed the jurisdiction to consider the applicant's application for review, given that it was not received within the statutory timeframe prescribed by the relevant legislation. This required the Tribunal to determine if an extension of time could be granted or if the lateness of the application fundamentally precluded its jurisdiction.

The Tribunal found that the application for review was received on 18 January 2019. As this date fell outside the period permitted by the relevant legislation for lodging an application for review, the Tribunal concluded that the application had not been made in accordance with the law. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter. The Tribunal made no orders as it had no jurisdiction.