2100329 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a protection visa refusal. The applicant sought to have a decision reviewed by the Tribunal, but this application was lodged out of time. The Tribunal had previously advised the applicant that it would not treat any further documentation seeking review of the same delegate's decision as a new application.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's purported review application, given that it was lodged out of time and the Tribunal had previously indicated it would not accept further applications concerning the same delegate's decision. The Tribunal was required to determine if the circumstances warranted a departure from its prior notification.

The Tribunal reasoned that it had already informed the applicant that it would not accept further applications for review of the same delegate's decision, and that such future submissions would not be treated as new applications. Consequently, the Tribunal concluded that it lacked jurisdiction to entertain the current matter, as it had already determined it could not consider the case further. The Tribunal affirmed its prior stance that it would not allocate a new case number, seek comments on the validity of the application, or make a further decision on jurisdiction.

The Tribunal ordered that it does not have jurisdiction in this matter.