2013377 (Refugee)

Case

[2020] AATA 5158

18 November 2020


Details
AGLC Case Decision Date
2013377 (Refugee) [2020] AATA 5158 [2020] AATA 5158 18 November 2020

CaseChat Overview and Summary

The applicant sought review of a decision by the Minister for Immigration and Border Protection concerning a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider the application for review.

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

The Tribunal found that the application for review was not received until 29 August 2020. As this date was outside the timeframe prescribed by the relevant legislation for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the Tribunal made no decision on the merits of the protection visa application.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Appeal

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