2110533 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Review Tribunal. The dispute concerned the timeliness of the applicant's application for review, which the Tribunal found was lodged out of time. The matter came before the Tribunal, constituted by Member James Silva.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application, given that it was not received within the prescribed timeframe.

The Tribunal determined that the application for review was received on 15 August 2021. As this date fell outside the period permitted by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter.

Consequently, the Tribunal made no substantive decision on the merits of the applicant's protection visa claim, finding that it did not have jurisdiction to do so.