2213295 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a protection visa. The applicant sought review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The core of the dispute revolved around the timeliness of the applicant's application for review.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the application for review. This question turned on whether the application was made within the time limits prescribed by the relevant legislation, specifically the *Migration Act 1958* (Cth) and associated regulations. The Tribunal was required to determine if the application for review was lodged within the statutory timeframe following notification of the visa refusal.

The Tribunal found that the application for review was received on 9 September 2022. As this date was more than 28 days after the notification of the visa refusal, the Tribunal concluded that the application was not made in accordance with the relevant legislative requirements. Consequently, the Tribunal determined that it lacked jurisdiction to consider the merits of the application. The Tribunal made no orders as it found it had no jurisdiction in the matter.