2301028 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to refuse their application for a protection visa. The applicant was notified of the refusal decision on 27 February 2023. The applicant's application for review was made more than 28 days after this notification.

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 outside the prescribed time limit. The Tribunal also considered whether any exceptional circumstances warranted an extension of time for the lodgement of the application.

The Tribunal noted that the applicant had failed to respond to an invitation to comment on the validity of their application, which was issued on 27 February 2023. In the absence of any response or explanation for the delay, the Tribunal concluded that it lacked jurisdiction to entertain the application for review. The Tribunal applied the principle that applications for review must be lodged within the statutory timeframes, and that failure to do so, without sufficient justification, deprives the Tribunal of jurisdiction.

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