2102220 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The application for review was lodged with the Administrative Appeals Tribunal (AAT) on 24 February 2021.

The central legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was lodged outside the prescribed time limit. The applicant contended that the delay was due to misinformation provided by their agent.

The Tribunal Member, Wendy Banfield, determined that the application for review was not made in accordance with the relevant legislative requirements because it was received by the Tribunal on 24 February 2021, which was after the statutory deadline. Consequently, the Tribunal lacked jurisdiction to hear the matter.

The Tribunal concluded that it did not have jurisdiction in this matter.