2211866 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review by a protection visa applicant from China. The applicant sought review of a decision made by the Minister. The central dispute concerned whether the AAT had jurisdiction to hear the application, given that it was lodged out of time.

The primary legal issue before the Tribunal was whether the application for review had been made in accordance with the relevant legislative requirements. Specifically, the Tribunal had to determine if the lodgement date of the application for review was within the statutory timeframe prescribed by the legislation.

The Tribunal found that the application for review was received by the Tribunal on 15 August 2022. As this date was outside the time permitted by the relevant legislation for lodging an application for review, the Tribunal concluded that it did not have jurisdiction to consider the matter. The Tribunal's decision was based on the statutory requirement for timely lodgement of applications.

Consequently, the Tribunal determined that it had no jurisdiction in this matter.