2100755 (Refugee)

The applicant sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider the application for review.

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

The Tribunal Member, M. Edgoose, determined that the application for review was not received by the Tribunal until 23 January 2021. As this date fell outside the timeframe stipulated by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to proceed with the review.

Consequently, the Tribunal made no substantive decision on the merits of the protection visa application, as it was unable to entertain the matter due to the jurisdictional defect.