2213408 (Refugee)

The applicant sought review of a decision by the Minister to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) was asked to consider whether it had jurisdiction to hear the review application, which was lodged after the statutory time limit.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to consider the applicant's review application, given that it was made out of time. This required an examination of the relevant legislative provisions governing the lodgement of review applications with the Tribunal.

The Tribunal determined that the application for review was not received until 12 September 2022, which was beyond the period prescribed by the relevant legislation. Consequently, the Tribunal concluded that the application had not been made in accordance with the statutory requirements, and therefore, it lacked jurisdiction to proceed with the review. The Tribunal made no orders as it found it had no jurisdiction in the matter.