2306421 (Refugee)

The applicant, a refugee, sought review of a decision made by the Tribunal. The dispute concerned the timeliness of the applicant's application for review following notification of a refusal decision. The matter came before the Tribunal for determination of its jurisdiction.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review, given that the application was lodged more than 28 days after the applicant was notified of the refusal decision. The Tribunal was also required to consider the effect of the applicant's failure to respond to the Tribunal's invitation to comment on the delay.

The Tribunal determined that the application for review was not made in accordance with the relevant legislative timeframe. As the application was received by the Tribunal on 9 May 2023, which was beyond the prescribed 28-day period following notification of the refusal decision, the Tribunal concluded that it lacked jurisdiction to consider the matter. The applicant's failure to provide a response to the Tribunal's invitation to comment on the delay did not alter this jurisdictional defect.

Consequently, the Tribunal ordered that it did not have jurisdiction in this matter.