2300398 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a protection visa lodged by an applicant from China. The core of the dispute revolved around the timeliness of the application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that it was lodged after the statutory deadline. This required the Tribunal to determine if the applicant had complied with the legislative requirements for lodging an application for review.

The Tribunal found that the application for review was received on 11 January 2023, which was outside the period prescribed by the relevant legislation. Consequently, the Tribunal concluded that the application had not been made in accordance with the statutory requirements. Applying this finding, the Tribunal determined that it lacked jurisdiction to consider the merits of the application.

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