2017193 (Refugee)

The applicant sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning their application for a protection visa. The application for review was lodged with the Administrative Appeals Tribunal one day after the statutory deadline.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the application for review, given that it was filed out of time. The Tribunal was required to determine if the applicant had complied with the procedural requirements for lodging an application for review.

The Tribunal found that the application for review was received on 27 November 2020, which was beyond the prescribed time limit. As the application was not made in accordance with the relevant legislative provisions, the Tribunal concluded that it lacked jurisdiction to hear the matter. Consequently, the Tribunal made no order in relation to the merits of the protection visa application.