1914699 (Refugee)
Case
•
[2020] AATA 2059
•26 April 2020
Details
AGLC
Case
Decision Date
1914699 (Refugee) [2020] AATA 2059
[2020] AATA 2059
26 April 2020
CaseChat Overview and Summary
The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal. The dispute concerned the timeliness of the applicant's application for review, which the Tribunal found was lodged out of time.
The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was not received within the prescribed statutory timeframe.
The Tribunal determined that the application for review was received on 9 June 2019, which was after the legislated deadline. Consequently, the Tribunal concluded that the application was not made in accordance with the relevant legislation and therefore it lacked jurisdiction to consider the matter. The Tribunal made no orders as it found it had no jurisdiction.
The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was not received within the prescribed statutory timeframe.
The Tribunal determined that the application for review was received on 9 June 2019, which was after the legislated deadline. Consequently, the Tribunal concluded that the application was not made in accordance with the relevant legislation and therefore it lacked jurisdiction to consider the matter. The Tribunal made no orders as it found it had no jurisdiction.
Details
Key Legal Topics
Areas of Law
-
Immigration
-
Administrative Law
Legal Concepts
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
1914699 (Refugee) [2020] AATA 2059
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
DFQ17 v Minister for Immigration and Border Protection
[2019] FCAFC 64
Singh v Minister for Immigration and Border Protection
[2020] FCAFC 31
BMY18 v Minister for Home Affairs
[2019] FCAFC 189