2211513 (Refugee)

The applicant sought review of a decision made by the Department of Home Affairs concerning their application for a protection visa. The review was sought from the Administrative Appeals Tribunal. The central dispute concerned whether the Tribunal had the power to extend the time for lodging the application for review, given it was filed significantly outside the statutory timeframe.

The primary legal issue before the Tribunal was whether it possessed the discretion to extend the time for lodging an application for review, notwithstanding that the application was made more than 28 days after the applicant was notified of the Department's decision. The applicant sought to rely on reasons including COVID-19 restrictions, their mother's health, and their work commitments as grounds for the delay.

The Tribunal Member, L. Symons, determined that the application for review was not made in accordance with the relevant legislative provisions. The Member found that the legislation did not grant the Tribunal a discretion to extend the time for lodging an application for review in these circumstances. Consequently, the Tribunal lacked jurisdiction to consider the merits of the application.

The Tribunal made no orders as to costs and found that it had no jurisdiction in the matter.