2214378 (Refugee)

The applicant sought review of a decision concerning a protection visa. The dispute arose because the application for review was lodged with the Tribunal after the statutory time limit had expired. The decision was made by Member Justine Clarke of the Tribunal.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the applicant's application for review, given that it was lodged out of time.

Member Justine Clarke reasoned that the application for review was not received by the Tribunal until 28 September 2022. As this date fell outside the period prescribed by the relevant legislation for lodging such an application, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal found that the application was not made in accordance with the statutory requirements.

Consequently, the Tribunal made the order that it did not have jurisdiction in this matter.