2206323 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review by a person seeking a protection visa, who had arrived from China. The central dispute concerned whether the AAT had jurisdiction to hear the application, given that it 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 requirements, specifically concerning the timeframe for lodging such an application.

The Tribunal determined that the application for review was not received by the Tribunal until 29 April 2022. As this date fell outside the prescribed time limit for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the merits of the protection visa application.

Consequently, the Tribunal made no orders on the substantive application, as it had no jurisdiction to proceed.