2113708 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a protection visa for an applicant from China. The central dispute revolved around the timeliness of the applicant's application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicant's review application, given that it was lodged after the statutory deadline. The Tribunal was required to determine if the application had been made in accordance with the relevant legislative provisions.

The Tribunal's reasoning was that the application for review was received on 7 October 2021, which was beyond the prescribed time limit. The Tribunal noted that it lacked the statutory power to extend the time for making such an application. Consequently, the Tribunal concluded that it did not have jurisdiction to consider the matter.

The Tribunal ordered that it does not have jurisdiction in this matter.