2112329 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal. The central dispute concerned the timeliness of the applicant's application for review, which the Tribunal found was lodged out of time.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review given that the application was not received within the prescribed timeframe stipulated by the relevant legislation.

The Tribunal determined that the application for review was received on 14 September 2021, which was after the statutory deadline. Applying the relevant legislative provisions, the Tribunal concluded that because the application was not made in accordance with the legislation, it lacked jurisdiction to consider the matter. Consequently, the Tribunal made no substantive decision on the merits of the protection visa application.