2016736 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning their application for a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the applicant's review.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. This question of timeliness was determinative of the Tribunal's jurisdiction to proceed with the substantive merits of the applicant's case.

The Tribunal found that the application for review was received on 17 November 2020. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that it had not been made in accordance with the relevant legislative requirements. Consequently, the Tribunal determined that it lacked jurisdiction to consider the matter.

The Tribunal made no orders as to costs and stated that it did not have jurisdiction in this matter.