2209804 (Refugee)

The applicant sought review of a decision concerning a protection visa application, with the review application being lodged with the Administrative Appeals Tribunal out of time. The dispute centred on whether the Tribunal possessed jurisdiction to hear the application given its late lodgement.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the merits review application, which was received by the Tribunal on 5 July 2022, after the statutory deadline for making such an application had passed.

The Tribunal, constituted by Mr S Norman, Member, determined that the application for review was not made in accordance with the relevant legislative provisions due to its late lodgement. Consequently, the Tribunal concluded that it lacked jurisdiction to hear the matter. The decision was that the Tribunal does not have jurisdiction in this matter.