2100371 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant, who is from China, sought to challenge a decision made by the Minister.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This question turned on whether the application had been lodged within the time prescribed by the relevant legislation.

The Tribunal found that the application for review was received by the Tribunal on 12 January 2021. As this date was outside the statutory time limit for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the merits of the case.

Consequently, the Tribunal made no order in relation to the merits of the protection visa application, as it determined it did not have the power to do so.