2112344 (Refugee)

The applicant, an individual from India, sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider the applicant's review application.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application, given that it was lodged out of time.

The Tribunal determined that the application for review was not received until 14 September 2021. As this date fell outside the period prescribed by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal's decision was based on the statutory requirement for applications to be made within the stipulated timeframe.

Consequently, the Tribunal made no substantive determination on the merits of the protection visa application, as it was precluded from doing so by the jurisdictional defect.