2109528 (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 for review, given that it was lodged out of time. The decision was made by Member Nicole Burns 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 requirements, specifically concerning the timeframe for lodging such an application. This question of timeliness directly determined whether the Tribunal possessed jurisdiction to consider the merits of the applicant's case.

The Tribunal found that the application for review was received on 27 July 2021, which was outside the period prescribed by the relevant legislation. Consequently, the Tribunal concluded that the application had not been made in accordance with the statutory requirements. As a result, the Tribunal determined that it lacked jurisdiction to proceed with the review.

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