2013469 (Refugee)

The applicant sought review of a decision by the Department of Home Affairs to refuse their application for a protection visa. The applicant was a citizen of Fiji. The Department had notified the applicant of its decision to refuse the protection visa on 15 July 2020. The applicant's bridging visa ceased to be in effect on 16 July 2020, as it was linked to the Department's decision. The applicant lodged their application for review with the Administrative Appeals Tribunal on 31 August 2020.

The primary legal issue before the Administrative Appeals Tribunal was whether it had jurisdiction to consider the applicant's application for review. This question turned on whether the application for review was lodged within the time prescribed by the relevant legislation.

The Tribunal found that the applicant's application for review was not made in accordance with the relevant legislative requirements. Specifically, the application was received by the Tribunal on 31 August 2020, which was more than 28 days after the Department's notification of refusal on 15 July 2020. As the applicant's bridging visa had ceased to be in effect on 16 July 2020, and the application for review was lodged outside the statutory timeframe, the Tribunal concluded that it lacked jurisdiction to hear the matter.

The Tribunal determined that it did not have jurisdiction in this matter.