2206960 (Refugee)

The applicant sought review of a decision to refuse their application for a protection visa. The review was sought from the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was lodged more than 28 days after the applicant was notified of the refusal decision. The Tribunal also considered whether the applicant had provided any response to the Tribunal's invitation to comment on the delay.

The Tribunal found that the application for review was not made in accordance with the relevant legislative timeframes. As the application was received by the Tribunal on 13 May 2022, which was outside the prescribed 28-day period following notification of the refusal decision, the Tribunal concluded that it lacked jurisdiction to hear the matter. No response was provided by the applicant to the Tribunal's invitation to comment on the lateness of the application.

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