2013001 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Administrative Appeals Tribunal. The core of the dispute was whether the Tribunal had jurisdiction to hear the applicant's review application, which was lodged outside the prescribed time limit.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's application for review, given that it was not received within the statutory timeframe stipulated by the relevant legislation.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative provisions because it was received by the Tribunal on 19 August 2020, after the expiry of the time limit. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal therefore made no order in relation to the merits of the protection visa application itself, as the jurisdictional hurdle could not be overcome.