2112122 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The Administrative Appeals Tribunal (AAT) received the application for review on 9 September 2021. The applicant had been notified of the visa refusal at an earlier, unspecified date.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was lodged more than 28 days after notification of the visa refusal. The Tribunal also considered whether the applicant had responded to an invitation to comment on the delay.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative timeframes. As a consequence, the Tribunal lacked jurisdiction to hear the matter. The Tribunal did not proceed to consider the merits of the protection visa application or the reasons for the delay in lodging the review application.

The Tribunal made no orders as it found it had no jurisdiction to proceed with the review.