2018532 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The application for review was lodged with the Administrative Appeals Tribunal (AAT) on 29 December 2020.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged outside the prescribed time limit.

The Tribunal Member, Sean Baker, determined that the application for review was not made in accordance with the relevant legislative provisions because it was received by the Tribunal on 29 December 2020, which was outside the statutory timeframe for lodging such an application. Consequently, the Tribunal lacked jurisdiction to consider the merits of the applicant's case.

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