2210271 (Refugee)

The applicant, an Indian national, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning their application for a protection visa. The Administrative Appeals Tribunal was asked to determine whether it had jurisdiction to hear the applicant's appeal.

The central legal issue before the Tribunal was whether the application for review had been lodged within the time prescribed by the relevant legislation. Specifically, the Tribunal had to ascertain if the application was received by the Tribunal within the statutory timeframe, which would be a prerequisite for it to exercise jurisdiction.

The Tribunal found that the application for review was not received until 15 July 2022. As this date fell outside the period permitted by the relevant legislation for lodging an application for review, the Tribunal concluded that it lacked jurisdiction to consider the merits of the applicant's case. Consequently, the Tribunal determined that it had no jurisdiction in the matter.