2205207 (Refugee)

The applicant, a citizen of Vanuatu, sought review of a decision to refuse their application for a protection visa. The Administrative Appeals Tribunal (AAT) had notified the applicant of the refusal decision. The applicant subsequently lodged an application for review with the AAT.

The primary legal issue before the AAT was whether it had jurisdiction to hear the applicant's review application, given that it was lodged outside the prescribed time limit. 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 received on 8 April 2022, which was more than 28 days after the notification of the refusal decision. As the application was not made within the time stipulated by the relevant legislation, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case. The Tribunal did not receive any response from the applicant to its invitation to comment on the timeliness of the application.

Consequently, the Tribunal determined that it did not have jurisdiction in this matter.