2104401 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the application, given it was lodged out of time. The matter came before Member Peter Vlahos of the AAT.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's application for review. This question arose because the application was received by the Tribunal after the statutory deadline for lodgement.

Member Vlahos reasoned that the application for review was not received by the Tribunal until 7 April 2021. As this date was outside the period prescribed by the relevant legislation for making an application for review, the Tribunal concluded that it lacked jurisdiction in the matter. The Tribunal therefore determined it did not have jurisdiction.