2009245 (Refugee)

The applicant sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning an application for a protection visa. The dispute centred on whether the applicant's application for review was lodged within the time prescribed by the relevant legislation. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's application for review, given that the application was received by the Tribunal after the statutory time limit had expired.

The Tribunal Member, Margie Bourke, determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 2 June 2020, which was outside the prescribed time limits. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal made no orders as it found it had no jurisdiction.