2101003 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant from China seeking a protection visa. The core of the dispute concerned the timeliness of the applicant's application for review lodged with the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was received by the Tribunal after the statutory deadline.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 29 January 2021, which was outside the prescribed time limit. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application. The Tribunal made no orders as it found it had no jurisdiction.