2204811 (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 applicant's 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 provisions, specifically concerning the time limits for lodging such applications. The Tribunal was required to determine if the late lodgement of the application deprived it of jurisdiction to proceed with the review.

The Tribunal found that the application for review was not received by the Tribunal until 1 April 2022. As this date was outside the prescribed time limit for lodging an application for review, the Tribunal concluded that the application was not made in accordance with the relevant legislation. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter.

The Tribunal made no orders as to costs and stated that it did not have jurisdiction in this matter.