2115524 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute centred on whether the Administrative Appeals Tribunal (AAT) had jurisdiction to hear the application for review, given the timing of its lodgement. The decision was made by Member Brendan Darcy of the AAT.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements. Specifically, the Tribunal had to determine if the lodgement date of the application for review conferred jurisdiction.

Member Darcy reasoned that the application for review was received by the Tribunal on 30 October 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. The Tribunal therefore held that the application was not made in accordance with the relevant legislation.

Consequently, the Tribunal made no substantive decision on the merits of the protection visa application, as it found it had no jurisdiction to do so.