2300452 (Refugee)

The applicant sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning a protection visa application. The Administrative Appeals Tribunal (AAT) was asked to consider the applicant's review application.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the applicant's review application, given that it was lodged outside the prescribed time limit.

The Tribunal, constituted by Member Kate Chapple, determined that the application for review was not received by the Tribunal until 13 January 2023. As this date fell outside the statutory timeframe for lodging such applications, the Tribunal concluded that the application was not made in accordance with the relevant legislation. Consequently, the Tribunal found it lacked jurisdiction to consider the matter.

The Tribunal therefore made no order other than to state that it did not have jurisdiction in this matter.