2207034 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review of a decision concerning a protection visa. The applicant sought review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that the application 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 not received by the Tribunal until 15 May 2022. As this date was outside the prescribed time limit for lodging such an application, the Tribunal concluded that the application was not made in accordance with the relevant legislation. Consequently, the Tribunal determined that it lacked jurisdiction to hear the matter.