2212547 (Refugee)

The applicant sought review of a decision concerning a protection visa. The Administrative Appeals Tribunal (AAT) was the forum for this review.

The central legal issue before the AAT was whether it had jurisdiction to consider the applicant's application for review, given that the application was lodged outside the prescribed time limit.

The AAT Member, Alison Murphy, determined that the application for review was not received by the Tribunal until 26 August 2022. As this date fell outside the statutory timeframe for lodging such an application, the AAT concluded that it lacked jurisdiction to hear the matter. The Member applied the principle that strict adherence to legislative time limits is a prerequisite for the Tribunal's jurisdiction.

Consequently, the AAT made no order on the merits of the protection visa application, as it had no jurisdiction to proceed.