2302396 (Refugee)

The applicant, a citizen of Tonga, sought review of a decision to refuse a protection visa. The application for review was lodged with the Tribunal more than 28 days after the applicant was notified of the refusal decision. The applicant contended that their delay in lodging the application was due to illness and forgetfulness, and that they were a member of a particular social group, specifically a homosexual man, who would face harm if returned to Tonga.

The primary legal issue before the Tribunal was whether it had jurisdiction to consider the application for review, given that it was lodged outside the prescribed time limit. The Tribunal was required to determine if the circumstances of the applicant's illness and forgetfulness constituted a sufficient basis to extend the time for lodging the application, or otherwise confer jurisdiction.

The Tribunal found that the application for review was not made in accordance with the relevant legislative provisions due to the late lodgement. Despite having considerable sympathy for the applicant's circumstances, the Tribunal concluded that it lacked jurisdiction to hear the matter. The Tribunal did not make any findings on the merits of the applicant's claim for protection or their membership in a particular social group.