2100618 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the application for review, which was 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 concerning the time limit for lodging such an application.

The Tribunal Member, Cathrine Burnett-Wake, determined that the application for review was not received by the Tribunal until 20 January 2021. As this date fell outside the prescribed time limit for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case. Consequently, the Tribunal made no order in relation to the merits of the protection visa refusal.