2118277 (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, given it was lodged out of time. The decision was made by Member Penelope Hunter of the AAT.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's application for review, which was received after the statutory deadline for lodgement.

Member Hunter reasoned that the application for review was not received by the Tribunal until 3 December 2021. As this date was outside the timeframe prescribed by the relevant legislation, the application was not made in accordance with the statutory requirements. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter.

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