2305836 (Refugee)

The applicant, an Indian national, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The Administrative Appeals Tribunal (AAT) had affirmed the Minister's decision. The applicant lodged an application for review of the AAT's decision with the Federal Circuit and Family Court of Australia, but this application was filed outside the prescribed time limit.

The primary legal issue before the Court was whether it had jurisdiction to hear the applicant's appeal, given that the application was lodged out of time. This required the Court to consider the relevant provisions of the *Migration Act 1958* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth) concerning the time limits for filing applications for review and any potential for extensions of time.

Her Honour Judge Aster found that the applicant had failed to provide a satisfactory explanation for the delay in filing the application for review. The Court applied the principles established in cases concerning the strictness of time limits for judicial review applications under the *Migration Act*, noting that jurisdiction is generally contingent upon compliance with these statutory timeframes. Without a valid application filed within the prescribed period, or an order extending time, the Court lacked the power to entertain the appeal.

Consequently, the Court ordered that the application for review be dismissed for want of jurisdiction.