2012467 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the applicant's review application.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. Specifically, the Tribunal had to consider the consequences of the application being received by the Tribunal outside of the statutory time limit.

The Tribunal found that the application for review was not received until 5 August 2020. As this date was outside the period permitted by the relevant legislation for lodging an application for review, the Tribunal concluded that it did not have jurisdiction to consider the matter. The Tribunal therefore dismissed the application for want of jurisdiction.