2007921 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Department of Home Affairs concerning their application for a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the applicant's review application, which was lodged after the statutory time limit.

The primary legal issue before the Tribunal was whether the applicant had made a valid application for review within the prescribed time. This involved determining the correct date by which the application should have been lodged, considering any potential extensions or exceptions to the time limit, and assessing whether the Tribunal had the power to proceed in the absence of a timely application.

The Tribunal found that the application for review was received on 6 May 2020, which was outside the timeframe stipulated by the relevant legislation. The Tribunal noted that the applicant had experienced difficulty in calculating the application deadline based on a letter from the Department and had not responded to communications from the Tribunal. Consequently, the Tribunal concluded that the application for review was not made in accordance with the legislative requirements.

As a result of the application not being lodged within the prescribed time, the Tribunal determined that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal made no order as to costs.