2308577 (Refugee)

The applicant sought review of a decision concerning their protection visa application. The Administrative Appeals Tribunal (AAT) considered whether it had jurisdiction to hear the application for review.

The primary legal issue before the AAT was whether the application for review had been lodged within the time prescribed by the relevant legislation, and consequently, whether the Tribunal possessed jurisdiction to consider the merits of the application.

The AAT Member, Meena Sripathy, found that the application for review was received by the Tribunal on 16 June 2023. As this date was outside the statutory timeframe for lodging such an application, the AAT determined that the application was not made in accordance with the relevant legislative requirements. Accordingly, the Tribunal concluded that it lacked jurisdiction to proceed with the review.

The Tribunal made no orders as it determined it did not have jurisdiction in the matter.