2204924 (Refugee)

The applicant, a citizen of East Timor, sought review of a decision concerning their application for a protection visa. The dispute before the Tribunal was whether it possessed jurisdiction to hear the applicant's appeal.

The central legal issue was whether a reviewable decision had been made by the Department of Home Affairs, which would then confer jurisdiction on the Tribunal to consider the applicant's appeal.

Member Nora Lamont reasoned that the applicant's visa application had not been validly made, and consequently, no decision had been made by the Department. As there was no reviewable decision, the application for review to the Tribunal was not properly made, and therefore, the Tribunal lacked jurisdiction to proceed.

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