2201819 (Refugee)

The applicant sought review of a decision to refuse their protection visa application. The applicant contended that their agent failed to lodge the application for review within the prescribed timeframe and did not comply with the relevant code of conduct. The Tribunal was required to determine whether it had jurisdiction to hear the application for review, given that it was lodged more than 28 days after notification of the visa refusal decision.

The Tribunal considered the provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the time limits for lodging applications for review. The Tribunal found that the legislation did not confer any discretion to waive the mandatory time limit for lodging an application for review. The applicant's claims regarding the conduct of their agent did not provide a basis for extending the time limit or otherwise confer jurisdiction on the Tribunal.

Consequently, the Tribunal concluded that the application for review was not made in accordance with the relevant legislative requirements. As a result, the Tribunal lacked jurisdiction to consider the merits of the application. The Tribunal made no orders as it had no jurisdiction in the matter.