2106889 (Refugee)

The applicant, a citizen of China, sought review of a decision concerning their application for a protection visa. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the application, given that it 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 timeframe for lodging such an application.

The Tribunal found that the application for review was received on 24 May 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 to consider the merits of the applicant's case.

Consequently, the Tribunal made no order other than to state that it did not have jurisdiction in this matter.