2010371 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute arose because the application for review was lodged with the Tribunal more than 28 days after the delegate's decision. The Tribunal invited the applicant to comment on the validity of their application, but no response was received. The matter came before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had the power to extend the time for lodging an application for review in these circumstances, and consequently, whether it possessed jurisdiction to hear the matter.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative timeframes. It found that there was no statutory provision empowering the Tribunal to extend the time for lodging such an application when it was received outside the prescribed period. Accordingly, 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.