2015996 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to hear the application.

The central legal issue was whether the applicant had lodged their application for review within the time prescribed by the relevant legislation. The Tribunal was tasked with determining if the application was made in accordance with statutory requirements, which would establish its jurisdiction.

The Tribunal found that the application for review was received on 29 October 2020. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal applied the principle that strict adherence to legislative time limits is necessary for the conferral of jurisdiction.

Consequently, the Tribunal made no order other than to state that it did not have jurisdiction in this matter.