2000839 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning their application for a protection visa. The dispute before the Tribunal concerned whether the application for review had been lodged within the prescribed time limits. The decision was made by Ann Duffield, Senior Member, of the Refugee Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was received by the Tribunal on 17 January 2020, which was after the statutory deadline for lodging such applications.

The Tribunal determined that the application for review was not made in accordance with the relevant legislation because it was received by the Tribunal out of time. The applicant's stated reasons for the delay, including not checking emails and their agent not providing a password in a timely manner, were not considered sufficient to extend the jurisdictional time limits. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.

The Tribunal ordered that it did not have jurisdiction in this matter.