2108724 (Refugee)

The applicant sought review of a decision to refuse their protection visa application. The dispute concerned whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the application for review, given that it was lodged outside the statutory time limit. The decision was made by Member Tamara Hamilton-Noy of the AAT.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative provisions, specifically concerning the time within which such an application must be lodged. The applicant's stated reason for the delay was confusion between different expiry dates.

The Tribunal found that the application for review was received on 5 July 2021, which was more than 28 days after notification of the refusal of the visa. As the application was not made within the time prescribed by the relevant legislation, the Tribunal concluded that it lacked jurisdiction to consider the merits of the application.

Consequently, the Tribunal determined that it did not have jurisdiction in this matter.