2118229 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the review application, which was lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements, specifically concerning the time limit for lodging such an application.

The Tribunal found that the application for review was not received by the Tribunal until 3 December 2021. As this date fell outside the prescribed time limit for making an application for review, the Tribunal concluded that it lacked jurisdiction to consider the matter. Consequently, the Tribunal made no orders in relation to the merits of the protection visa application.