2107236 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review by a refugee applicant concerning a decision by the Department of Home Affairs to refuse their protection visa. The applicant sought to have the Department's decision reviewed by the Tribunal.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged outside the prescribed time limit. Specifically, the Tribunal had to determine if the applicant's reliance on a friend's assistance constituted a valid reason for the delay, and whether the Tribunal had the power to waive the statutory time limit for lodging an application for review.

The Tribunal found that the applicant was taken to have been notified of the Department's decision on 29 April 2021, meaning the prescribed period to apply for review expired on 26 May 2021. As the application for review was not received by the Tribunal until 2 June 2021, it was lodged outside the statutory timeframe. The Tribunal held that the prescribed period for lodging an application for review cannot be waived by the Tribunal. Consequently, the Tribunal concluded that the application for review was not made in accordance with the relevant legislation.

The Tribunal therefore made the order that it does not have jurisdiction in this matter.