1905579 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the application for review, as it was lodged out of time. The decision was made by Member Frances Simmons of the AAT.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements. Specifically, the Tribunal had to determine if the lodgement date of the application for review conferred jurisdiction.

Member Frances Simmons found that the application for review was not received by the Tribunal until 8 March 2019. As this date meant the application was not made in accordance with the relevant legislation, the Tribunal concluded it lacked jurisdiction to consider the matter. Consequently, the Tribunal determined it did not have jurisdiction in this matter.