2115549 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute arose because the application for review was lodged with the Tribunal more than 28 days after the applicant was notified of the delegate's decision. The applicant contended that their agent was responsible for the late lodgement.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that it was filed outside the statutory time limit prescribed by the relevant legislation.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative requirements because it was received on 1 November 2021, which was beyond the 28-day period following notification of the delegate's decision. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal made no orders as it found it had no jurisdiction.