1932643 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the review application.

The central legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation. Specifically, the Tribunal had to determine if the application was lodged in a manner that conferred jurisdiction upon it.

The Tribunal found that the application for review was received on 16 November 2019. As this date was outside the statutory time limit for lodging such an application, the Tribunal concluded that it lacked the necessary jurisdiction to proceed with the review. The Tribunal therefore determined that it did not have jurisdiction in this matter.