2207031 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review by a refugee applicant concerning a protection visa. The applicant sought review of a decision, but their application for review was lodged with the Tribunal after the statutory deadline.

The central legal issue before the Tribunal was whether it had jurisdiction to hear the application for review, given that it was lodged out of time. The Tribunal was required to determine if the applicant had complied with the legislative requirements for lodging an application for review.

The Tribunal found that the application for review was received on 15 May 2022, which was beyond the time prescribed by the relevant legislation. Consequently, the Tribunal concluded that the application for review had not been made in accordance with the statutory requirements. As a result, the Tribunal determined that it lacked jurisdiction to consider the merits of the application.

The Tribunal made no orders in relation to the merits of the protection visa application, as it had no jurisdiction to do so.