2100241 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a protection visa for an applicant from China. The central dispute revolved around whether the Tribunal had the jurisdiction to hear the application, which had been 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, the Tribunal had to determine if the lodgement date of the application for review was within the prescribed timeframe, thereby conferring jurisdiction.

The Tribunal found that the application for review was not received until 8 January 2021. As this date fell outside the period stipulated by the relevant legislation for making an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the Tribunal determined that it did not have jurisdiction in this case.