1918629 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant, who is from China, sought to have the Tribunal review a decision made about their eligibility for a protection visa.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This question turned on whether the application was lodged within the time limits prescribed by the relevant legislation.

The Tribunal found that the application for review was not received by the Tribunal until 10 July 2019. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the merits of the case. Consequently, the Tribunal made no substantive decision on the protection visa application itself.