2112079 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to determine whether it had jurisdiction to hear the application for review, which was lodged after the prescribed time limit.

The central legal issue before the AAT was whether the application for review had been made in accordance with the relevant legislative provisions, specifically concerning the time limit for lodging such applications. This required the AAT to consider the validity of the notification of the original decision and whether the applicant had met the statutory requirements for making a review application.

The AAT Member, David Barker, found that the application for review was not received by the Tribunal until 9 September 2021. As this date was outside the timeframe stipulated by the relevant legislation for making an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the AAT determined that it did not have jurisdiction in this case.