2016498 (Refugee)

The applicant sought review of a decision concerning a protection visa. The respondent was the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute concerned whether the Administrative Appeals Tribunal had jurisdiction to hear the applicant's review application, which was lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements, specifically concerning the time limit for lodging such an application.

The Tribunal found that the application for review was not received until 11 November 2020. As this date was outside the period prescribed by the relevant legislation for lodging an application for review, the Tribunal concluded that it did not have jurisdiction to consider the matter. The Tribunal therefore dismissed the application.