2013055 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant sought to have the AAT review a decision, but their application for review was lodged with the Tribunal after the statutory time limit had expired.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that it was lodged out of time.

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 20 August 2020, which was beyond the prescribed time limit. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.

The Tribunal made no orders as to costs and stated that it did not have jurisdiction in this matter.