2213789 (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.

The central legal issue before the Tribunal was whether the application for review had been made within the time prescribed by the relevant legislation, and if not, whether the Tribunal possessed jurisdiction to consider the application out of time.

The Tribunal found that the application for review was received on 17 September 2022. As this date was outside the statutory timeframe for lodging such an application, the Tribunal concluded that it had not been made in accordance with the relevant legislative requirements. Consequently, the Tribunal determined that it lacked jurisdiction to proceed with the review.

The Tribunal ordered that it does not have jurisdiction in this matter.