2203494 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant sought review of a decision made in relation to their claim for protection, with the central issue being the timeliness of their application for review.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that the application was lodged outside the prescribed time limits. The Tribunal was required to determine if the application for review had been made in accordance with the relevant legislative provisions.

The Tribunal found that the application for review was not received by the Tribunal until 11 March 2022. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that it did not have jurisdiction to consider the matter. Consequently, the Tribunal made no substantive decision on the merits of the protection visa claim.