2111796 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the review application, which was lodged out of time.

The central 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 limits for lodging such an application.

The Tribunal, constituted by Member Phoebe Dunn, found that the application for review was not received by the Tribunal until 5 September 2021. As this date fell outside the prescribed timeframes for lodging an application for review, the Tribunal determined that it lacked jurisdiction to consider the matter. Consequently, the Tribunal made no substantive decision on the merits of the protection visa application.