2016628 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa for an applicant from Fiji. The central dispute revolved around whether the Tribunal had jurisdiction to hear the application, as it was lodged out of time.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the application for review, given that the application was not received within the statutorily prescribed timeframe.

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 13 November 2020, after the expiry of the permitted period. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal made no orders as it found it had no jurisdiction.